Category Archives: Seizure

D.D.C.: Telling person to “hold on a sec” was a seizure as to his perception

Telling defendant to “hold on a sec” was a seizure. That’s how the defendant perceived it. Just because he didn’t run away didn’t mean he didn’t think he was seized. United States v. Hood, 2020 U.S. Dist. LEXIS 9514 (D.D.C. … Continue reading

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Reason: Kentucky Lawmaker Wants To Give Police the Power to Detain People Who Don’t Answer Their Questions

Reason: Kentucky Lawmaker Wants To Give Police the Power to Detain People Who Don’t Answer Their Questions by Scott Shakford (“It’s an attempt to bypass Fourth and Fifth Amendment protections by insisting it’s not an arrest.”)

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CA8: Handcuffing a park jogger who was watching a traffic stop for not giving SSN was unreasonable

Handcuffing plaintiff for merely stopping to watch a St. Louis police officer conduct traffic stops in the park where he was jogging violated clearly established law on plaintiff’s facts. Walker v. City of Pine Bluff, 414 F.3d 989 (8th Cir. … Continue reading

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CA10: Walking up to def sitting on parked car to talk to him wasn’t a stop

Walking up to defendant sitting on his parked car and talking to him, without blocking the path of the car and no police lights, was not a seizure. State v. McCall, 2020-Ohio-84, 2020 Ohio App. LEXIS 69 (10th Dist. Jan. … Continue reading

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SD: That same traffic stop issue was rejected before this one denies state reasonable mistake of law argument

The court previously held that two of three brake lights emitting only red light and one with a hole in it also emitting white light wasn’t a traffic offense. Therefore, the state couldn’t use a claim of objectively reasonable mistake … Continue reading

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IA: Def already stopped in a one-lane alley had officer stop in front of her; not a seizure

“A police officer saw a vehicle driving suspiciously for several minutes in a residential neighborhood at night at a snail’s pace of ten miles per hour. After the vehicle entered a one-lane alley that ran between two streets and then … Continue reading

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W.D.Mo.: FedEx’s taking a package off its conveyor belt for a dog sniff wasn’t a seizure that interfered with def’s possessory interest

“[T]he police did not ‘seize’ the package until after the dog alerted to the presence of drugs. It was not a seizure to remove the package from the FedEx conveyor belt, carry it 200 feet to the back of the … Continue reading

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MD: Def’s burden to prove custody, but he didn’t testify

“It was [defendant]’s burden to prove custody. … Payne opted to remain silent at the suppression hearing; therefore, we have been provided no contrast to the evidence given by Detective Patterson, upon which the court reasonably relied.” The trial court’s … Continue reading

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MS: Def was in open fields when he encountered wildlife officers and admitted he had meth on him

On the opening day of dove hunting season, wildlife officers were out. They heard shooting from open lands and went to investigate. They encountered defendant and another, and defendant tossed a bag aside when officers approached him. They asked what … Continue reading

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SCOTUS cert grant: Torres v. Madrid: Is a person shot driving away from the police “seized”?

Torres v. Madrid, 19-292 (granted Dec. 18, 2019): Issue: Whether an unsuccessful attempt to detain a suspect by use of physical force is a “seizure” within the meaning of the Fourth Amendment, as the U.S. Courts of Appeals for the … Continue reading

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MA: The fact co-conspirators coordinated in planning the crime was nexus to def’s cell phone

The state showed a nexus to defendant’s cell phone and the crime under investigation because the participants were coordinating with each other before hand. “We have no evidence that the purpose of the cell phone call between the defendant, when … Continue reading

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DC: Telling def to put his hands on the wall for a patdown was a seizure and wasn’t consensual

Telling defendant to put his hands against the wall and assume the position for a patdown was a seizure, and here it was without probable cause. It was not consensual. Dozier v. United States, 2019 D.C. App. LEXIS 495 (Dec. … Continue reading

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