Category Archives: Seizure

NE: Stopping car leaving house under surveillance for which SW was sought was reasonable just to gather information

Defendant’s car was leaving a house under surveillance as a place where a gun safe was known to have been taken after a burglary to break it open. A search warrant was being sought. The stop was a seizure, but … Continue reading

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CA9: Being detained and then moved with hands briefly behind back wasn’t an arrest

Defendant’s brief detention and moving him from a public area to a private area was not a seizure, even though his hands were held behind his back as he walked. United States v. Torres, 2018 U.S. App. LEXIS 11897 (9th … Continue reading

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VI: In a traffic stop, def delayed in getting out and made furtive movements; officer asked “what do you have there?” Answer [“Just some weed.”] wasn’t 5A violation under Berkemer

Defendant was stopped for passing on a double solid line. The officer called out through the vehicle PA for him to get out of the car, but he first fished around moving things. When the officer got to the window, … Continue reading

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E.D.Va.: Def could be seized under the SW for the business searched when he was found near the door heading in

The narcs timed execution of a search warrant for when defendant’s heroin dealer would arrive. He was near the front door when the police arrived, and he could be detained under Summers and Bailey. United States v. Jones, 2018 U.S. … Continue reading

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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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