The officers showed up to search defendant’s house and told him that he could let his dogs out or they would do it before the search. His letting the dogs out wasn’t consent to the search. “Moreover, under the totality of the circumstances, Larson’s statement cannot reasonably be understood as a request to obtain consent.” The weighty privacy in the home makes the state’s burden higher. State v. Watts, 284 Ore. App. 146, 2017 Ore. App. LEXIS 284 (March 1, 2017).
Officers lacked probable cause to arrest the plaintiff under New Mexico law. And, at the time of the arrest in November 2010, there was no controlling authority in New Mexico that provided probable cause, and that provides an alternative ground to decide the case. Park v. Gaitan, 2017 U.S. App. LEXIS 3898 (10th Cir. March 1, 2017).*