CA10: Unnecessarily overlong detention while handcuffed when it was apparent ptf not the man wanted was clearly established as a 4A violation

Plaintiff was detained too long after it was obvious that he was not the person they were looking for with the same last name during a familial dispute. That right was clearly established. There was no other independent justification. Martinez v. Mares, 2015 U.S. App. LEXIS 9126 (10th Cir. June 2, 2015).

The woman who called the police, who came outside to meet them, and invited them into the house had apparent authority, as far as they were concerned, to consent to the entry. She was not the primary tenant, but she was there visiting. When defendant came out of a room and found police inside his house, he never objected to the police presence, and that was a further sign of her apparent authority. United States v. Chavez, 2015 U.S. Dist. LEXIS 70514 (D.Nev. June 1, 2015).*

Defendant was stopped as a suspect in a Radio Shack robbery. After a few seconds, he ran away, and he was arrested. Eleven days later, police conducted a parole search of his house, and it was valid. Everything they could find listed his address at the place searched, and that was probable cause to believe he lived there. United States v. Velez, 2015 U.S. Dist. LEXIS 70635 (N.D.Cal. June 1, 2015).* His flight created reasonable suspicion on the totality even though this was not a high crime area. United States v. Velez, 2015 U.S. Dist. LEXIS 70640 (N.D. Cal. June 1, 2015).*

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