Category Archives: Seizure

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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NYTimes: U.S. Citizen Detained by Mistake Sues Miami-Dade Over Immigration Enforcement

NYTimes: U.S. Citizen Detained by Mistake Sues Miami-Dade Over Immigration Enforcement by Caitlin Dickerson: Immigration lawyers in Miami-Dade County are challenging its practice of jailing people on behalf of federal immigration authorities, in a case that could test the Trump … Continue reading

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MA: A civil abuse order of protection cannot be served by a traffic stop under the Fourth Amendment and the Massachusetts Constitution

A civil abuse order of protection cannot be served by a traffic stop under the Fourth Amendment and the Massachusetts Constitution. Commonwealth v. Sanborn, 2017 Mass. LEXIS 496 (June 29, 2017):

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CA9: LAPD’s and California’s 30 day vehicle impoundment policy violates 4A

LAPD’s and the State of California’s policy of requiring all impounded vehicles be held 30 days violates the Fourth Amendment. Plaintiff loaned her car to her brother-in-law who was arrested for a suspended license, and the car was impounded. She … Continue reading

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W.D.Tex.: County Jail’s acceptance of ICE detainees without PC violates 4A

Bexar County jail’s acceptance of ICE detainers without a showing probable cause for the detention violates the Fourth Amendment. The collective knowledge doctrine doesn’t apply where there isn’t any communication between ICE and the jail other than the jail taking … Continue reading

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NJ: Blocking car and shining light into car then approaching car was an investigative detention

“Defendant was faced with an investigative detention once the officer blocked in her vehicle, directed the patrol car’s alley light to shine into her car, and then approached her driver’s-side window to address her. Under the totality of the circumstances, … Continue reading

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SC: Catching up to def on street and telling him to produce ID was a seizure, here without RS

“Before the agents made contact with Spears, he had walked several hundred feet without the agents engaging him, indicating he was free to continue walking. By increasing their speed to catch up with Spears, the agents indicated to Spears he … Continue reading

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TX14: Use of a spotlight on a boat was not a seizure

The use of a spotlight on a boat at night was not a seizure. Neale v. State, 2017 Tex. App. LEXIS 5008 (Tex. App. – Houston (14th Dist.) June 1, 2017):

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NY1: A request to produce ID isn’t always a seizure

The request to defendant to produce his ID when the police were investigating a potential trespass doesn’t constitute a seizure per se. Here, the defendant volunteered to take the officer to where he was going. That was all consent. People … Continue reading

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FL4: Just being on somebody else’s property is not RS of a crime without more; telling def to “stand by” is a seizure

Defendant’s friends saw a police officer coming and all walked away. Defendant did not. That did not mean that when the encounter started, defendant was free to leave. On this record, he was not, and it was a detention without … Continue reading

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