F.4th, 2021 WL 4203054

Officers entered plaintiff’s front porch with guns drawn, handcuffed him, and patted him down as part of a burglary investigation and found a weapon and drugs; with respect to the warrantless entry onto the porch, court finds porch was clearly with the curtilage of the home; it was clearly established that warrantless search of curtilage is unconstitutional; but court distinguishes entry onto porch for purpose of seizure and holds that law was not clearly established that would be unconstitutional.

Officers entered plaintiff’s front porch with guns drawn, handcuffed him, and patted him down as part of a burglary investigation and found a weapon and drugs; on appeal of his criminal case, 10th Circuit held that the forceful measures used by the officers to effectuate detention elevated to an arrest and they had reasonable suspicion but not probable cause for an arrest so that motion to suppress should have been granted; on appeal from summary judgment in civil case, 10th Circuit says that law was not clearly established and affords officers qualified immunity; although use of forceful m