A homeowner’s lack of consent to the entry of her house was not clearly established under circumstances where the officer threatened to arrest the homeowner for concealing a wanted felon’s whereabouts, but the officer walked away and then returned and again asked for access to the house, and the homeowner nodded assent and handed over her key. As of August 2014, it was not clearly established that officers who thought they had permission to enter a home to apprehend a dangerous, potentially armed, and suicidal felon would exceed the scope of a homeowner’s consent to entry by employing tear gas canisters when they entered the home.
West v. City of Caldwell - filed July 25, 2019
Cite as 2019 S.O.S. 18-35300
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