Category Archives: Seizure

OR: Def not seized other than traffic stop; statements admissible

Defendant was not seized beyond this being a traffic stop. Defendant’s volunteering information extended the stop. There was no other show of authority. State v. Evans, 284 Ore. App. 806, 2017 Ore. App. LEXIS 505 (April 19, 2017). Defendant can’t … Continue reading

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AK: Street rumor supplemented by controlled buy was PC

The CI passed on information from others that was virtually only a street rumor that he then corroborated with a controlled buy. The totality was probable cause. Hart v. State, 2017 Alas. App. LEXIS 59 (April 14, 2017). The officer … Continue reading

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NY Co.: Taking a “recidivist transit violator” outside the turnstiles was a reasonable detention

Plaintiff was a “recidivist transit violator” stopped for moving between cars. Taking him off the train outside the turnstiles was a reasonable detention under the state constitution. Vargas v. City of New York, 2017 NY Slip Op 27116, 2017 N.Y. … Continue reading

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E.D.Mich.: Seizure of cell phone to preserve its evidence for a SW was reasonable

Seizure of defendant’s cell phone found near him when he was arrested was reasonable to preserve evidence until a search warrant could be obtained. United States v. Hamilton, 2017 U.S. Dist. LEXIS 54953 (E.D. Mich. April 11, 2017):

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MD: Determining “Miranda custody” is an objective inquiry based on the totality of circumstances

Determining “Miranda custody” is an objective inquiry based on the totality of circumstances. Brown v. State, 2017 Md. LEXIS 154 (March 27, 2017):

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OR: Officer’s flashlight in the eyes at night a factor in “show of authority” for a seizure

“Additionally, there is an unresolved factual issue about how the police officers used their flashlights. If an officer uses a flashlight to block a person’s view, and thereby hinders his or her ability to leave an encounter, it could contribute … Continue reading

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Crimmigration blog: ICE’s New Immigration Detainer Policy Remains Legally Flawed

Crimmigration blog: ICE’s New Immigration Detainer Policy Remains Legally Flawed: Today, ICE issued a new policy regarding use of immigration detainers. Sometimes called immigration holds, detainers are requests by ICE that a local law enforcement agency continue holding someone in … Continue reading

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NC: Driver not free to leave during questioning while officer holds his DL

The officer did not return the defendant’s driver’s license to him before beginning to question him while in his car in a hotel parking lot. Thus, a reasonable person would not have felt free to leave. Therefore, it was a … Continue reading

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E.D.Cal.: A stolen laptop from a prison medical provider wasn’t a “search”

A laptop of the medical provider was stolen, and plaintiff was told that his medical information may have been on it. He sued claiming a violation of the Fourth Amendment. This doesn’t state a claim. A stolen laptop is not … Continue reading

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IL: Dropping bottle when officer rolled down his window and said “come here” was not in response to a seizure

Defendant abandoned bottle of cannabis by dropping it when the officer rolled down his window and said “come here.” The court spends many paragraphs agreeing with the trial court that defendant hadn’t been seized at that point because it was … Continue reading

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