Category Archives: Seizure

CA3: Controlled buy moots Franks challenge to CI

The CI’s story was confirmed by two controlled buys. The Franks challenge to the CI fails as to whether it was corroborated or completely immaterial because of the controlled buys. United States v. Carney, 2018 U.S. App. LEXIS 8116 (3d … Continue reading

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WaPo: After his family died, he threatened to kill himself. So the police took his guns.

WaPo: After his family died, he threatened to kill himself. So the police took his guns. By Eli Saslow:

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Politico: The Legal Way to Seize Guns From Dangerous People

Politico: The Legal Way to Seize Guns From Dangerous People by Alex Yablon It’s not the way President Trump suggested.

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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

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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

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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

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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

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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

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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

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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

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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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