Category Archives: Seizure

OR: Officer’s flashlight in the eyes at night a factor in “show of authority” for a seizure

“Additionally, there is an unresolved factual issue about how the police officers used their flashlights. If an officer uses a flashlight to block a person’s view, and thereby hinders his or her ability to leave an encounter, it could contribute … Continue reading

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Crimmigration blog: ICE’s New Immigration Detainer Policy Remains Legally Flawed

Crimmigration blog: ICE’s New Immigration Detainer Policy Remains Legally Flawed: Today, ICE issued a new policy regarding use of immigration detainers. Sometimes called immigration holds, detainers are requests by ICE that a local law enforcement agency continue holding someone in … Continue reading

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NC: Driver not free to leave during questioning while officer holds his DL

The officer did not return the defendant’s driver’s license to him before beginning to question him while in his car in a hotel parking lot. Thus, a reasonable person would not have felt free to leave. Therefore, it was a … Continue reading

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E.D.Cal.: A stolen laptop from a prison medical provider wasn’t a “search”

A laptop of the medical provider was stolen, and plaintiff was told that his medical information may have been on it. He sued claiming a violation of the Fourth Amendment. This doesn’t state a claim. A stolen laptop is not … Continue reading

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IL: Dropping bottle when officer rolled down his window and said “come here” was not in response to a seizure

Defendant abandoned bottle of cannabis by dropping it when the officer rolled down his window and said “come here.” The court spends many paragraphs agreeing with the trial court that defendant hadn’t been seized at that point because it was … Continue reading

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W.D.Pa.: Telling def to stop moving his hands in a car wasn’t a seizure

Telling defendant to stop moving his hands around while he’s sitting in a car isn’t a “seizure.” When defendant complied, the officer who stopped him could see the corner of a baggie for drugs in plain view on the console, … Continue reading

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S.D.Fla.: Co. that rented vehicles to another for rental to public had standing to sue over seizure

Plaintiffs stated a Fourth Amendment claim against the City for warrantless seizure of its motorized three-wheeled vehicles. The fact one plaintiff rented them to another in exchange for a share of the profits, and they were seized from the latter, … Continue reading

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The Atlantic: Papers, Please | passengers on a domestic flight ordered to produce ID to prove who they were

The Atlantic: Papers, Please by Garrett Epps:

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Law.com: Eleventh Circuit Questions Calhoun’s Challenge of Injunction on Indigent Bail

Law.com Daily Report: Eleventh Circuit Questions Calhoun’s Challenge of Injunction on Indigent Bail by R. Robin McDonald: Lawyers representing the city of Calhoun appeared Thursday before a panel of the U.S. Court of Appeals for the Eleventh Circuit seeking to … Continue reading

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OR: Automobile exception applies to any lawful stop where PC of a crime develops

The automobile exception applies when a vehicle is lawfully stopped for any reason and then probable cause develops. State v. Bliss, 283 Ore. App. 833, 2017 Ore. App. LEXIS 256 (Feb. 23, 2017). Defendant requested a meeting with the police … Continue reading

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