Category Archives: Seizure

W.D.Tenn.: CI’s tip def had a gun was corroborated by def discarding it in view of officers

Police received a CI’s tip defendant had a gun. The tip alone lacked reliability until the officer saw defendant discard it. “Notably, the reasonable suspicion standard does not present the most demanding hurdle to overcome. See Kansas v. Glover, 140 … Continue reading

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W.D.Mo.: Pushing down the ptf causing injury was a seizure

The officer pushing down the plaintiff causing injury was a seizure. “A reasonable officer in Sasse’s position would not have thought it appropriate to shove Martinez so forcefully without first at least requesting that Martinez step back or step away … Continue reading

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OH2: SW for BAC executed in 5 hrs was “as soon as possible”

The search warrant for a blood draw said it had to be within 3 hours [a statutory artifact] and as soon as possible, but it took 5. The trial court found it was executed as soon as possible, and that’s … Continue reading

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E.D.N.Y.: Summons to appear is not a 4A seizure

A summons to appear is not a seizure. Jianjun Li v. Village of Saddle Rock, 2021 U.S. Dist. LEXIS 60705 (E.D. N.Y. Mar. 30, 2021). New York statute that special prosecutors have to give notice to elected DAs about, inter … Continue reading

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CA6: No interstate commerce nexus needed for a federal search and seizure

There is no interstate commerce predicate to a federal search and seizure. Defendant cites no authority and the court doesn’t find one. United States v. Watson, 2021 U.S. App. LEXIS 8564 n.3 (6th Cir. Mar. 22, 2021). Remanded a second … Continue reading

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SCOTUS: Shooting at and hitting a person fleeing is a 4A seizure: “The required corporal seizing or touching the defendant’s body … can be as readily accomplished by a bullet as by the end of a finger.”

Shooting at and hitting plaintiff with the intent to stop her flight is an attempted seizure under the Fourth Amendment. She made it 75 miles to a hospital, was airlifted back, and was arrested. (Qualified immunity is not decided here.) … Continue reading

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CA5: 4A generally only applies to pretrial govt activities

The Fourth Amendment only applies to pretrial alleged constitutional deprivations. Trial related constraints are not Fourth Amendment issues. United States v. Emakoji, 2021 U.S. App. LEXIS 6843 (5th Cir. Mar. 9, 2021):

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Reason: Sotomayor Invokes Scalia on Fourth Amendment Protections

Reason: Sotomayor Invokes Scalia on Fourth Amendment Protections by Damon Root (“Does the Fourth Amendment right to be free from unreasonable seizures include the right to be free from an unreasonable attempted seizure?”)

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OR: “[J]ust keep your hands where I can see them” is a seizure

“[J]ust keep your hands where I can see them” is a seizure under the Oregon Constitution. State v. Soto-Navarro, 309 Ore. App. 218 (Feb. 10, 2021):

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CA9: Passenger also shot in effort to stop vehicle was seized under 4A; SJ denied on reasonableness of force

A vehicle passenger who was not intentionally targeted by the officers had a cognizable Fourth Amendment interest under Brower v. County of Inyo and Brendlin v. California. His freedom of movement was terminated when the officers intentionally shot at the … Continue reading

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E.D.Tenn.: Guilty plea in state court precludes claim that arrest lacked PC

Having pled guilty in state court, plaintiff can’t complain that the arrest leading to the plea lacked probable cause. Moser v. Davis, 2021 U.S. Dist. LEXIS 13308 (E.D. Tenn. Jan. 25, 2021). Petitioner had a “full and fair” opportunity to … Continue reading

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DE: “Surveilling” def by following him looking for discarded DNA wasn’t an unreasonable search or seizure

Defendant lived in Pennsylvania and was accused of unlawful sex in Delaware. A search warrant was obtained in Pennsylvania for his house, and there was probable cause for it and it was narrow and specific. His DNA had been obtained … Continue reading

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D.V.I.: Failure to put on proof at suppression hearing leads to show cause order to defense

Defendant filed a motion to suppress a statement and a search. At the hearing, however, the search wasn’t challenged. Defendant has to show cause why that part of the motion should not be denied. United States v. Henry, 2021 U.S. … Continue reading

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CA8: Direction to stay in car during a traffic stop wasn’t a seizure

Direction to defendant to stay in his car during a stop was not a separate seizure. United States v. Warren, 2021 U.S. App. LEXIS 701 (8th Cir. Jan. 12, 2021). There was probable cause for defendant’s arrest. Officers bought drugs … Continue reading

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N.D.Ill.: RS not required to approach a person to talk to him

“Williams first argues that the police officers violated the Fourth Amendment by approaching him without reasonable suspicion. R. 33 at 17. But reasonable suspicion is only required when a suspect has been seized. United States v. Douglass, 467 F.3d 621, … Continue reading

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NY3: Visitor at a party had no REP

Defendant was invited to a party at a vacant building loaned to a friend for purposes of the party. He wasn’t staying past the end of the party. He had no reasonable expectation of privacy in the place searched. People … Continue reading

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E.D.Tenn.: SW for premises didn’t justify stop of car allowed to leave

A search warrant for the premises here did not justify defendants’ stop in their car after they were allowed to leave it. Moreover, there was no reasonable suspicion for the stop; no traffic violation, no nothing. United States v. Williamson, … Continue reading

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S.D.Ga.: A vehicle search doesn’t have to happen as soon as PC develops; prudent to wait for backup

“Defendant retorts that, if in fact Sgt. Concepcion discovered the marijuana odor early in the traffic stop, he should have begun the search immediately rather than waiting for the arrival of Investigator Gould, citing no caselaw in support. The Court … Continue reading

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W.D.Ky.: “The Sixth Circuit has long held that a police officer does not violate the Fourth Amendment by asking a driver questions after the initial traffic stop has ended.”

“The Sixth Circuit has long held that a police officer does not violate the Fourth Amendment by asking a driver questions after the initial traffic stop has ended. United States v. Erwin, 155 F.3d 818, 823 (6th Cir. 1998) (en … Continue reading

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E.D.Pa.: Each factor of RS alone might not be enough but totality was

“While Mr. Muldrow rightly points out the tip, his evasive behavior, and the neighborhood each standing alone, would not create reasonable suspicion, all of these factors together with Sergeant Stephan’s observation Mr. Muldrow appeared to have a gun and hid … Continue reading

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