Category Archives: Seizure

D.Nev.: Def was handcuffed and in police car, so search incident didn’t apply; it was inevitable, however, inventory would happen

Defendant’s arrest led to a search incident of luggage, but he was handcuffed and in a police car. So, the search incident doctrine can’t apply, but an inventory would have inevitably occurred, so that provides an independent basis for the … Continue reading

Posted in Independent source, Private search, Reasonable suspicion, Search incident, Seizure | Comments Off

D.Mont.: Asking the same question three times within five minutes during a traffic stop prolonged the stop, but with RS

Asking the same question three times within five minutes during a traffic stop prolonged the stop, but it was all with reasonable suspicion. United States v. Brooks, 2018 U.S. Dist. LEXIS 1691 (D. Mont. Jan. 4, 2018). Defendant’s stop wasn’t … Continue reading

Posted in § 1983 / Bivens, Seizure | Comments Off

CA10: Officer’s firing gun at car fleeing after traffic stop wasn’t seizure; driver’s “momentary pause is not submission”

“Oriana Lee Farrell and her five children claim that Defendant Elias Montoya, while on duty as a New Mexico state police officer, violated their Fourth Amendment rights when he fired three shots at their minivan as it drove away from … Continue reading

Posted in Excessive force, Seizure | Comments Off

TX10: Walking away from a traffic stop is the crime of evading detention

For the purposes of the evading arrest or detention statute, defendant fled when he got out of the car and walked away from a lawful detention and did not stop when commanded by officers until he was about 40 feet … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off

PA: Flashing overhead lights on a police car means stop and stay until released; stopping to check GPS isn’t RS

According to the vehicle code and the driver’s license manual, when a police car has its lights on, a driver is to stop until let go. Here, the officer pulled up next to defendant’s car on the side of I-79 … Continue reading

Posted in Community caretaking function, Seizure | Comments Off

D.Minn.: DHS could stop airplane on ground for pilot certificate inspection; after PC found, airplane subject to automobile exception because of mobility

Federal officers can seek a pilot certificate inspection (PCI) of any airplane. 14 C.F.R. 61.51(i). “Although it seems obvious that the agents were interested in Defendants’ plane for drugs—and therefore that the PCI was merely a pretext to dig around—officers … Continue reading

Posted in Automobile exception, Reasonable suspicion, Seizure | Comments Off

NC: Consent sought while officer holding DL wasn’t voluntary because here it was an unlawful seizure

“Defendant’s main argument appears to be that when Officer Sletten failed to return defendant’s identification after finding no outstanding warrants and after the initial reason for the detention was satisfied, he instead requested defendant’s consent to search, the seizure was … Continue reading

Posted in Consent, Seizure, Standards of review | Comments Off

CA5: Witness to police shooting handcuffed and detained for 2 hours stated 4A claim for relief

Plaintiff’s father was acting erratic and was armed, and the police were called. Plaintiff was trying to defuse the situation. The SWAT team showed up, and, after a brief stand-off plaintiff’s father was shot while she was standing next to … Continue reading

Posted in Reasonableness, Seizure | Comments Off

CA7 en banc: Conviction affirmed for gun seen while allegedly “parking while black”

Stopping a car 7′-8′ from crosswalk for illegal stopping was reasonable under the all the facts. It necessitated a brief stop to issue a ticket, and officers saw a gun. Whren doesn’t apply just to moving offenses and not fine-only … Continue reading

Posted in Seizure | Comments Off

FL: Passengers are also detained for a reasonable time; def’s getting out of car reasonably delayed the stop while backup came

Officers could, as a matter of course, detain the passengers of a vehicle for the reasonable duration of a traffic stop without violating the Fourth Amendment. Although the traffic stop might have lasted longer than a routine, uneventful stop, it … Continue reading

Posted in Reasonableness, Seizure | Comments Off

CA8: Shooting ptf’s dog was objectively reasonable; it was running on a busy freeway and refused to be captured and caused safety hazard

Plaintiff’s dog escaped and ran down I-29 and cars were swerving dodging the dog. The defendant officer attempted to capture the dog but the dog eluded capture. With the patrol car in the road keeping cars back, traffic quickly backed … Continue reading

Posted in Reasonableness, Seizure | Comments Off

A.F.Ct.Crim.App.: Retest of inconclusive UA was reasonable

The military judge erred in suppressing the results of a second “reinspection” UA administered as a base protocol after a first UA after an AWOL come up positive, diluted, or inconclusive. It was a reasonable command imposed requirement. United States … Continue reading

Posted in Drug or alcohol testing, Military searches, Reasonableness, Seizure | Comments Off