413 F. App'x 61
10th Cir.2011Background
- Romero was arrested inside his home for concealing his identity (N.M. Stat. Ann. § 30-22-3) by Officer Schum after a dispute over providing a social security number.
- Prior to the arrest, Schum investigated Eve’s disappearance, learned Eve and Kevin stayed at the Romero home, and sought Romero’s SSN; Romero refused to provide it.
- Dispatch showed no record for the provided birth date, and Schum relied on this as indicating false information; Schum returned to the Romero home.
- During the arrest inside the home, Schum detained Romero, searched his wallet, and transported him to the station; later a birth-date discrepancy appeared in records.
- The district court denied summary judgment on the Fourth Amendment issue but found probable cause for the concealing-identity arrest; on appeal, the panel remanded for a determination of reasonable suspicion for a predicate crime, vacating in part.
- The court held that Brown/Hiibel predicate-crime principles control; Keylon/Albright timing cannot justify upholding the arrest; remand is necessary to resolve whether there was reasonable suspicion Romero engaged in crime when arrested.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Schum have reasonable suspicion of a predicate crime to arrest for concealing identity? | Romero lacked reasonable suspicion of any underlying crime. | Schum had reasonable suspicion based on circumstances and information available. | Remand to determine whether reasonable suspicion existed. |
| Does Brown require predicate-crime suspicion for arrest for concealing identity and does Keylon apply retroactively? | Brown requires predicate-crime suspicion; Keylon confirms this law. | Keylon may govern, despite timing, but cannot defeat Brown principle. | Remand—not resolved on appeal; no final ruling on retroactive applicability. |
Key Cases Cited
- Brown v. Texas, 443 U.S. 47 (1979) (reasonable suspicion required for arrest based on identification demand)
- Hiibel v. Sixth Judicial Dist. Court of Nev., 542 U.S. 177 (2004) (confirms Brown predicate for stop and identification)
- Keylon v. City of Albuquerque, 535 F.3d 1210 (2008) (predicate-crime requirement governs arrest for concealing identity)
- Albright v. Rodriguez, 51 F.3d 1531 (1995) (unsettled law; qualified immunity when no clear predicate)
- United States v. Laville, 480 F.3d 187 (3d Cir. 2007) (reasonable-suspicion standard is objective, not officer’s state of mind)
- Tibbetts v. United States, 396 F.3d 1132 (2005) (remand to determine reasonableness of suspicion in first instance)
- Bruner v. Baker, 506 F.3d 1021 (10th Cir. 2007) (civil-rights context: jury determination when probable cause disputed)
- Manzanares v. Higdon, 575 F.3d 1135 (10th Cir. 2009) (clearly established law cannot be avoided by novel exemptions)