Category Archives: Seizure

MN: “Deer-in-the-headlights” look is a factor in RS

“But statements about a deer-in-the-headlights facial expression are commonplace in caselaw assessing whether a police officer has articulable, reasonable suspicion to justify a stop under the Fourth Amendment. There are over a dozen federal appellate decisions, including an opinion from … Continue reading

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OR: Holding def’s ID for 30 minutes for no apparent reason was a seizure without RS

Retaining defendant’s ID for 30 minutes before even thinking about questioning his identity was a seizure without reasonable suspicion. State v. Orman, 322 Or. App. 707, 2022 Ore. App. LEXIS 1479 (Nov. 16, 2022). Defendant was not seized when he … Continue reading

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CA6: City’s order closing hotel ptfs lived in didn’t violate 4A

Plaintiffs’ Fourth Amendment rights weren’t violated by the city’s order closing the motel they lived in because it was uninhabitable. There was a limited time they were without their personal property, but they were shortly allowed access to retrieve things. … Continue reading

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D.N.J.: Encountering 4 officers at landing on stairs who wouldn’t let him pass was a seizure

Defendant encountered four officers standing on a landing, and they impeded his movements. This amounted to a seizure. United States v. Jackson, 2022 U.S. Dist. LEXIS 194856 (D.N.J. Oct. 26, 2022). Mistaken identity on the person being seized is usually … Continue reading

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NC: Whether def was seized was what she could only believe

Defendant claimed she was lost and was stopped by police, blocking her exit. [Oversolicitously,] the court opines the officer probably thought he did nothing wrong but this was a seizure in defendant’s mind, and it was without reasonable suspicion. No … Continue reading

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M.D.Pa.: 14 yo kidnapping victim’s 911 call created exigency for def’s cell phone seizure

A 14-year-old kidnapping victim called 911 that she was taken three days earlier, and defendant was finally detained as a result. His phone was seized and a warrant obtained. The seizure of the warrant was reasonable based on all the … Continue reading

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E.D.Pa.: Searching administratively impounded taxi states 4A claim

Plaintiff states a claim against the Philadelphia Parking Authority for detaining his temporarily impounded taxi for a later search without justification. Mbagwu v. PPA Taxi & Limousine Div., 2022 U.S. Dist. LEXIS 167790 (E.D. Pa. Sep. 16, 2022). A cross-sex … Continue reading

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D.Ariz.: Following for 30 miles not a seizure

Following defendant for 30 miles is not a seizure. Finally, there was a consensual encounter. The R&R found it not; the USDJ disagrees. United States v. Ramos, 2022 U.S. Dist. LEXIS 166913 (D. Ariz. Sep. 14, 2022).* 2½ months isn’t … Continue reading

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S.D.N.Y.: Warrantless seizure of a vehicle to pay fines violates 4A and 14A

The warrantless seizure of a vehicle because of owed fines violates the Fourth and Fourteenth Amendments. Santander Consumer USA, Inc. v. City of Yonkers, 2022 U.S. Dist. LEXIS 164416 (S.D.N.Y. Sep. 12, 2022). Pretrial detainees also have no reasonable expectation … Continue reading

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MN: When prosecution shows private search doctrine applies, defense has burden to show government action

When a defendant moves to suppress the evidence obtained from a warrantless search and the State proves that the private search doctrine applies, the burden to show that the private party was acting on behalf of the government falls on … Continue reading

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W.D.N.C.: Not 4A violation to order def to keep hands visible

It is not a violation of the Fourth Amendment to tell the defendant to keep his hands visible and not reach in the car during a stop. If a person can be ordered out of the car for officer safety, … Continue reading

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W.D.Tex.: Protective sweep justified despite hearing no one inside

A protective sweep of defendant’s apartment was reasonable on the totality despite the officers not hearing anyone inside. United States v. Turner, 2022 U.S. Dist. LEXIS 144215 (W.D. Tex. Aug. 12, 2022). “At no point did Veney voluntarily submit to … Continue reading

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CA11: “the nude dancing and adult entertainment industry is closely regulated” for 4A purposes

“Based on a substantial history of heavy regulation, we conclude that the nude dancing and adult entertainment industry is closely regulated for Fourth Amendment purposes so that no reasonable expectation of privacy could exist for the proprietor. From limitations concerning … Continue reading

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CA5: An intimidating police presence is not a seizure

An intimidating police presence is not a seizure. Tyson v. Cty. of Sabine, 2022 U.S. App. LEXIS 20902 (5th Cir. July 28, 2022). Defense counsel can’t be ineffective for not taking depositions in his criminal case to develop his search … Continue reading

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S.D.Ohio: Def was seized by blocking his car in, even if officers didn’t intend it

Defendant’s vehicle was blocked in by a police car, and a reasonable person would only believe he’d been seized whether the officers believed it or not. This was not justified by reasonable suspicion. His consent was thus not voluntary. “None … Continue reading

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CA6: A police order to come out of one’s house is a seizure

“These cases clearly establish that forced compliance with orders is a Fourth Amendment seizure. Mendenhall and Saari establish that words that compel compliance with the officer’s orders to exit a house constitute a seizure. Thus, when taking the facts in … Continue reading

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NY3: SW two months after shooting was not stale where police were still investigating

The victim was shot in July 2016. In August, the police got a search warrant for his place and found nothing connecting him to it. In September, they got a second search warrant for a second place and found guns, … Continue reading

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CA8: Shove was not a seizure

A mere shove was not a Fourth Amendment seizure nor excessive force. Martinez v. Sasse, 2022 U.S. App. LEXIS 16624 (8th Cir. June 16, 2022):

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CA9: Failure to deliver SW at scene of search violated Rule 41, but no suppression here

Failure to deliver the whole search warrant to defendant violated Rule 41(f)(1)(C), but it wasn’t deliberate so no suppression. United States v. Manaku, 2022 U.S. App. LEXIS 16337 (9th Cir. June 14, 2022). 2254 petitioner’s ineffective assistance of counsel for … Continue reading

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WA: A detainee’s racial and ethnic factors are a part of “all the circumstances” in determining a seizure under state constitution

Under the state constitution, whether a person is “seized” must consider the person’s racial and ethnic factors that influence their perceptions. State v. Sum, 2022 Wash. LEXIS 317 (June 9, 2022):

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