Legal Opinion

Pagan-Gonzalez v. Moreno

Court of Appeals for the First Circuit

Decided March 22, 2019No. 16-2214PPublishedCited by 31 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

*586This case requires us to consider the constitutional boundaries for the use of deception by law enforcement officers seeking consent for a warrantless search. We conclude that the search at issue here violated the Fourth Amendment because the circumstances -- including a lie that conveyed the need for urgent action to address a pressing threat to person or property -- vitiated the consent given by appellants. We further hold that the defendants are not entitled to qualified immunity from civil liability for the unlawful search because any reasonable officer would have…

2Cases cited67 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Pearson v. CallahanSupreme Court of the United States · 2009
  4. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  5. Payton v. New YorkSupreme Court of the United States · 1980

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3Cited by31 opinions

  1. Thompson v. ClarkSupreme Court of the United States · 2022
  2. Johnny Tlapanco v. Jonathan ElgesCourt of Appeals for the Sixth Circuit · 2020
  3. David Jones v. Clark Cty., Ky.Court of Appeals for the Sixth Circuit · 2020
  4. Jordan v. Town of WaldoboroCourt of Appeals for the First Circuit · 2019
  5. Caniglia v. StromCourt of Appeals for the First Circuit · 2020

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