Category Archives: Seizure

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

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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

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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

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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

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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

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N.D.Tex.: Def was arrested in a prostitution sting and his car was on a parking lot; govt fails to show impoundment proper

Defendant was arrested in a prostitution sting, and his car was impounded and searched. The court suppresses the search under the community caretaking function for not following the rules of the department. The government has the burden on a warrantless … Continue reading

Posted in Inventory, Seizure | Comments Off

PA & CA2: Approaching def to talk to him about what’s in his bag was not a seizure

“Consistent with this precedent, we find the officers did not subject Appellant to a seizure when they approached him in a public place and asked him what was inside his bag. The interaction remained a mere encounter as the officers … Continue reading

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S.D.Ohio: Def’s companion’s frisk showed def he was next, so he was seized, but it was with RS

The frisk of defendant’s companion indicated to him that he was seized, too, and that he’d be frisked before he fled and discarded the gun. Still, there was reasonable suspicion for the seizure, and the motion to suppress the gun … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off

NE: Driver’s refusal to get out of car can be offense of refusal to obey lawful order

Because an officer can order a vehicle occupant out of a car under the Fourth Amendment (here because he couldn’t hear the driver because of a nearby ambulance), the occupant can be convicted of failure to obey a lawful order. … Continue reading

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