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CA11: Plaintiff could not be arrested for revoking consent to enter his house

By John Wesley Hall, Jr.

Although in an unpublished opinion, the Eleventh Circuit discusses at length "arguable probable cause," actual probable case, and the interplay of state court decisions in determining whether the Fourth Amendment claim was "clearly established." Poulakis v. Rogers, 2009 U.S. App. LEXIS 17714 (11th Cir. August 10, 2009) (unpublished).* Plaintiff permitted officers in the home without a warrant, and shortly revoked consent. The officer then sought to arrest the plaintiff for impeding the investigation, essentially by refusing consent. His lawsuit was permitted to proceed because of the primacy of protection of the home. This protection of the home made the arrest violate "clearly established law." Manzanares v. Higdon, 2009 U.S. App. LEXIS 17817 (10th Cir...continue to full post

Full post as published by Fourth Amendment on August 13, 2009 (boomark / email).