Category Archives: Seizure

E.D.Va.: When officer takes your license to run it, you’re seized

“Officer Myers’ instruction to ‘hang tight’ while he ran Defendant’s driver’s license [and had it in hand], would lead a reasonable person in Defendant’s shoes not to feel free to leave. Thus, the consensual encounter became a seizure under the … Continue reading

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W.D.N.C.: When they had PC for rural house, entry to freeze situation was reasonable when magistrate was two hours away

After police stopped a car suspected in drug deals, they learned that the drugs came from a particular address which was used as a distribution point. They developed probable cause for the house. They were two hours away from a … Continue reading

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E.D.Pa.: No seizure until def made to accompany officer to security office

Police used intel to make an inquiry of defendant. Until he was made to accompany the officer to a security office, he wasn’t seized. Then, there was consent on the totality. United States v. Martin, 2018 U.S. Dist. LEXIS 134183 … Continue reading

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IL: To argue defense counsel was ineffective for not arguing “seizure” instead of “search” is frivolous here

Defendant claimed his counsel was ineffective for not arguing the seizure was unreasonable rather than the search. That’s frivolous. People v. Lee, 2018 IL App (3d) 160100, 2018 Ill. App. LEXIS 569 (Aug. 1, 2018). [I had the same argument … Continue reading

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MI: Policy to photograph and fingerprint detainees violated 4A and stated claim against city

The Grand Rapids Police Department has a policy permitting officers to photograph and fingerprint people who are stopped just because they want to. The plaintiffs stated a claim for relief against the city for its policy. Johnson v. Vanderkooi, 2018 … Continue reading

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D.Conn.: Posting things to Facebook is a waiver of any REP, even in a “friends” setting

By posting to Facebook, even with a friends only setting, defendant waived his reasonable expectation of privacy in his postings. On the merits of the search warrant for Facebook, probable cause was shown. United States v. Westley, 2018 U.S. Dist. … Continue reading

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Cal.: Carpenter‘s search warrant requirement does not apply to cell phone records merely used to show that co-conspirators communicated with each other

Carpenter’s search warrant requirement does not apply to cell phone records merely used to show that co-conspirators communicated with each other. In light of the whole trial, it wasn’t all that important. People v. Anderson, 2018 Cal. LEXIS 4698 (June … Continue reading

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IN: A reasonable person in def’s position would not have felt detained and could have asked for his partially blocked car to be let out

The officer was inquiring of suspicious persons but did not yet have reasonable suspicion. Defendant’s car was partially blocked in, and the inquiries weren’t directed at him. A reasonable person in his position would have felt he could have asked … Continue reading

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D.Me.: In a knock-and-talk for CP, it was not unreasonable to tell defendant he had the choice of consenting to seizure of the computer or the house pending arrival of a SW

Officers came to defendant’s house essentially as a knock and talk to obtain child pornography on his computer which they knew he had. They told him he could consent to a seizure of the computer while they got a warrant … Continue reading

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NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here?

NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here? By Barry Kamins: In this article on Criminal Law and Procedure, Barry Kamins looks at criticism of ‘People v. DeBours,’ the case establishing the level of intrusion allowed during … Continue reading

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CA9: Unreasonable detention of those present when SW executed not shown

“The district court also did not err in granting summary judgment in favor of the individual defendants on Strong and Byers’ claims that the detention violated their Fourth Amendment rights. Officers may detain all persons present when a warrant is … Continue reading

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WA: Where ptf didn’t know he was being pursued, act of force to knock him from motorcycle doesn’t get qualified immunity

Where plaintiff showed he didn’t know he was being pursued by police while on his motorcycle, the officer’s act of opening his car door to knock him off his bike was a question for the jury, and the officer gets … Continue reading

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