Legal Opinion
Eidson v. Owens
Court of Appeals for the Tenth Circuit
Decided February 13, 2008No. 07-7007PublishedCited by 38 opinions
1Opinion of the Court
PAUL KELLY, JR., Circuit Judge.
In this 42 U.S.C. § 1983 action, Floyd Wesley Owens, a reserve-force deputy sheriff and lawyer, appeals the district court’s denial of qualified immunity in connection with the search of Keith and Kim Eidsons’ real property. We conclude that while Owens obtained the Eidsons’ consent to search their property in violation of the Fourth Amendment, the illegality was not clearly established. We also conclude that Owens did not extract a confession from Kim Eidson in violation of the Fifth Amendment. Owens is, therefore, entitled to qualified immunity. Accordingly,…
2Cases cited34 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Florida v. RoyerSupreme Court of the United States · 1983
- Rhode Island v. InnisSupreme Court of the United States · 1980
- Collins v. City of Harker HeightsSupreme Court of the United States · 1992
29 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Archuleta v. WagnerCourt of Appeals for the Tenth Circuit · 2008
- Quinn v. YoungCourt of Appeals for the Tenth Circuit · 2015
- Thomas v. DurastantiCourt of Appeals for the Tenth Circuit · 2010
- Clark v. WilsonCourt of Appeals for the Tenth Circuit · 2010
- United States v. PollyCourt of Appeals for the Tenth Circuit · 2011
33 more not listed; retrieve them via the Exa API.