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"Hunch" That Civil Rights Plaintiff Had More Info Did Not Provide Probable Cause to Arrest

By Shari Allison

Manzanares v. Higdon, -- F.3d --, #07-2156 (10th Cir. 8/10/09) - Albuquerque police officers went to Manzanares' home to get info re: an acquaintance of his that they suspected had committed a reported rape. Manzanares invited them in, gave them some info, then asked them to go. Instead they handcuffed him. He later told them he would show them where the acquaintance lived. Officers loaded him in handcuffs in the squad car, drove him to the suspect's home, and detained him in the car there for more than three hours. The COA finds unreasonable the officers' excuse for failing to terminate the consensual encounter and leave--that they reasonably suspected Manzanares was obstructing an officer. Officers' unsubstantiated hunch that Manzanares knew more than he was saying did not constitute probable cause...continue to full post

Full post as published by Tenth Circuit Blog on August 11, 2009 (boomark / email).