Storey v. Garcia, No. 11-2180 (10th Cir. 2012)
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Plaintiff-Appellant Michael Storey brought civil rights claims against police officers after they arrested him at his home during an investigation of a report of a loud domestic argument. The question before the Tenth Circuit was whether the officers had probable cause to order Plaintiff to step outside his home and arrest him when he refused to do so, and if exigent circumstances or community safety concerns could support the seizure to facilitate further investigation. Upon review, the Court concluded the officers lacked probable cause and exigent circumstances to justify the arrest, and the community caretaking exception to the Fourth Amendment did not apply. The Court therefore reversed the district court's grant of summary judgment and remanded the case for further proceedings.
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