Category Archives: Seizure

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

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

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

Posted in Burden of pleading, Seizure | Comments Off

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

Posted in Consent, Reasonableness, Seizure | Comments Off

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

Posted in Emergency / exigency, Reasonableness, Seizure | Comments Off

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

Posted in § 1983 / Bivens, Probable cause, Seizure | Comments Off