Pagan-Gonzalez v. Moreno
Court of Appeals for the First Circuit
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
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
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- Pearson v. CallahanSupreme Court of the United States · 2009
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- Payton v. New YorkSupreme Court of the United States · 1980
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