Category Archives: Seizure

CNS: Suit Over Search on Domestic Delta Flight Advances

CNS: Suit Over Search on Domestic Delta Flight Advances by Josh Russell:

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KS: Def was already stopped when police approached; he got out of car and locked it and was arrested; no possessory interest involved when a drug dog sniffed his locked parked car

Defendant was stopped on a grocery store parking lot, got out of the car, and locked it. He was searched incident to arrest. A little later a drug dog came and stiffed the car. Defendant was deprived of no possessory … Continue reading

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Orin Kerr: “At what point is a driver asleep in an electric car that is on autopilot ‘seized’ by the police slowing down and stopping the car by getting in front of it?”

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CA10: A notice to appear in court is not a seizure for false arrest purposes

Giving plaintiff a notice to appear in court is not a seizure for false arrest purposes. Leon v. Summit County, 2018 U.S. App. LEXIS 33349 (10th Cir. Nov. 28, 2018). The information from the CI was detailed, down to a … Continue reading

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D.N.M.: Parking across def’s driveway wasn’t his seizure when he was hiding under a trailer

The officer parking across defendant’s driveway wasn’t his seizure. Defendant wasn’t seized until he came out from under a trailer. When he was seized, it was with reasonable suspicion. United States v. Shelton, 2018 U.S. Dist. LEXIS 197713 (D. N.M. … Continue reading

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CA10: 17 hour seizure of def’s home while investigating wife’s OD was unreasonable; consent was product of the illegal seizure; exclusion required

Defendant’s wife had a seizure and stopped breathing at 5 am. He called 911. The police secured the home and denied him access. They obtained alleged consent after a few hours. They didn’t get a search warrant until 10 pm … Continue reading

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CA6: Police cannot summarily kill dogs in houses they search

From 1919-2014, it violated Michigan law to have an unlicensed dog over six months old, and state law and city ordinance permitted officials to kill them. In 2014, that changed. Plaintiffs became squatters in an abandoned house in Detroit, and … Continue reading

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TN: Def wasn’t seized when officer parked next to him to talk, but he was when he tried to leave and was told to stop; all reasonable

Stopping next to defendant’s car to talk to him wasn’t a seizure. When defendant moved and attempted to leave, the officer told him to stop, and that was a seizure. The encounter was based on an anonymous caller’s information, and … Continue reading

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NC: Def’s consensual return to scene of search warrant didn’t violate Bailey

Officers investigating a sex offense had plenty of reasonable cause for a search warrant. Officers were watching the house and stopped defendant after he left and they got him to return to the place of the search in his own … Continue reading

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S.D.Ga.: Being bumped by a police car and fleeing three more miles wasn’t a seizure

Defendant wasn’t seized by being bumped by police car because he went another three miles without stopping. “Moreover, the Eleventh Circuit and courts across different circuits have concluded that no seizure occurs where police attempt to stop a fleeing vehicle … Continue reading

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W.D.Tenn.: Reasonable to block and stop a car that an officer thought had the subject of an arrest warrant in it

It was reasonable for the officer to block a car because he reasonably suspected that the person he wanted on an arrest warrant was in it and the honking of the car horn might have been a warning to others … Continue reading

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E.D.Wis.: Impersonating a DEA agent in one’s car justifies automobile exception

Defendant was arrested for impersonating a DEA officer and using his car to do it. That gave probable cause to search the car. Defendant’s argument that there was an unreasonable inventory are off the mark. United States v. Wade, 2018 … Continue reading

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