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Consent to Search Unconstitutionally Coercive When Obtained by Deputy Who Was Also Lawyer

By Shari Allison

Eidson v. Owens, 2008 WL 376770 (10th Cir. 2/13/08)After marijuana charges brought against Mr. and Mrs. Eidson in state court were dismissed after their suppression motion was granted, they brought a civil rights action against Deputy Sheriff Owens, who participated in the search and who was their former attorney. In April 2002, Owens drafted the Eidson's will. In August, 2004, in his role as a reserve-force deputy, Owens participated in a search of the Eidson's farm. In the civil rights action, the district court denied Owens' motion that he had qualified immunity in connection with the search. The facts leading up to the search were that Mrs. Eidson ran into Owens' wife and told her about an altercation she just had with her son's girlfriend...continue to full post

Full post as published by Tenth Circuit Blog on February 15, 2008 (boomark / email).