Category Archives: Seizure

IN: Even if admitting SW affidavit at trial was error, it was harmless based on all the evidence

Officers had a search warrant for defendant’s car, but he also had a community corrections search waiver on file. (The latter wasn’t even acknowledged by the parties.) Defendant was suspected of an ongoing operation of drug selling, so the older … Continue reading

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N.D.Ga.: Def’s removal for questioning and 8 hour detention could’t be justified under Summers

Defendant’s handcuffing and removal to the police station for interrogation could not be justified by Summers and was without probable cause. He was held eight hours and interrogated. United States v. Mitchell, 2019 U.S. Dist. LEXIS 139026 (N.D. Ga. June … Continue reading

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SD: Def wasn’t stopped by the officer when he encountered car based on anonymous call

Police received an anonymous call that a particular van was DUI. An officer found the van parked at a gas station, parked far enough away that defendant could back out, and he walked up and asked how defendant was doing, … Continue reading

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CA2: Ordering ptf out of a city council meeting that had been disrupted wasn’t a 4A seizure

Making plaintiff leave a city council meeting that had been disrupted by her and others was not a Fourth Amendment seizure. Guiding her out wasn’t either. Youkhanna v. City of Sterling Heights, 2019 U.S. App. LEXIS 24165 (6th Cir. Aug. … Continue reading

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D.D.C.: Def tossed gun as encounter started and that was abandonment, but the court has questions about the encounter

The DC Gun Recovery Unit encountered a person on the street and talked to him, but by the time a more intensive encounter occurred, something that troubled the court, defendant had tossed the gun. United States v. Meekins, 2019 U.S. … Continue reading

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CA11: Telling ptf to move his car wasn’t a 4A seizure

Ordering plaintiff off a parking lot because of suspected trespassing wasn’t a Fourth Amendment seizure. Watkins v. Joy, 2019 U.S. App. LEXIS 22910 (11th Cir. Aug. 1, 2019). X-ray for contraband on an inmate is not a Fourth Amendment claim. … Continue reading

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KY: Officers approached men on a street corner talking; telling def to “hang tight for a minute” because he wanted to run his name and SSN was a seizure requiring RS

Officers saw a group on a corner, so they initiated contact, just because they wanted to. They also attempted to get them to clean up the trash on the corner, which wasn’t shown to be their fault or responsibility. When … Continue reading

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N.D.Iowa: Holding def’s driver’s license shows he’s not free to leave

The officer continued to hold defendant’s driver’s license, and that meant to him he sure wasn’t free to leave. United States v. Steffens, 2019 U.S. Dist. LEXIS 122096 (N.D. Iowa July 23, 2019). Defendant was stopped for a muddy license … Continue reading

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TN: Def counsel can’t be ineffective for not moving to suppress where it’s apparent there was no standing

Defense counsel can’t be ineffective for not moving to suppress evidence seized off a co- defendant because defendant wouldn’t have any standing. Smith v. State, 2019 Tenn. Crim. App. LEXIS 442 (July 22, 2019).* It was professionally reasonable for defense … Continue reading

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PA: Refusal to submit to a test is admissible under Birchfield

“[W]e conclude the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield. We therefore affirm the order … Continue reading

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CA6: When PC is shown for the SW, what’s not there really doesn’t matter

There was probable cause on the totality for this search warrant. Defendant’s attack on what’s not there doesn’t help him. United States v. Jones, 2019 U.S. App. LEXIS 20851 (6th Cir. July 15, 2019). There was a factual basis for … Continue reading

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W.D.N.C.: The fact def’s car crossed the county line between when the police car lights came on and when he was stopped is not a basis to suppress

The fact a stop was started in one county and actually occurred as defendant crossed the county line is not a basis for suppressing the stop. Defendant’s consent to search his house is suppressed, however, because of language difficulties: “Thus, … Continue reading

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