Category Archives: Seizure

UT: Officer safety permits extending stop long enough to check passenger’s ID

“This case presents a single issue: does a law enforcement officer violate the Fourth Amendment if she requests that a passenger voluntarily provide identification and then runs a background check on that passenger without reasonable suspicion that the passenger has … Continue reading

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LA4: Having PC for an hour before arrest doesn’t require officers get a warrant

The police had defendant’s vehicle under surveillance for an hour waiting for him so they could arrest. Just because they had time to get a warrant doesn’t mean that they constitutionally were required to get one. State v. Brown, 2017 … Continue reading

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TN: Being locked in an interview room here wasn’t by consent, but statement obtained was harmless on totality

Defendant was locked in an interview room, and the trial court’s findings he was there and remained there by consent was clearly erroneous. Any error, however, was harmless in light of the overwhelming evidence of guilt. State v. Hawkins, 2017 … Continue reading

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IL: Arrest of driver would not make passengers think they were free to leave; continuation of stop was with RS

Passengers would not think they were free to leave based on the arrest and handcuffing of defendant driver. The continuation of the stop, however, was with reasonable suspicion because of furtive movements. People v. Veal, 2017 IL App (1st) 150500, … Continue reading

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MD: When officers tried to stop def he fled into a high speed chase; he wasn’t seized before the chase

Defendant had warrants out and he’d called 911 and said he had a gun and he’d use it. There was reasonable suspicion for his stop before he engaged in a high speed chase. He never stopped before the chase so … Continue reading

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OR: Def not seized other than traffic stop; statements admissible

Defendant was not seized beyond this being a traffic stop. Defendant’s volunteering information extended the stop. There was no other show of authority. State v. Evans, 284 Ore. App. 806, 2017 Ore. App. LEXIS 505 (April 19, 2017). Defendant can’t … Continue reading

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AK: Street rumor supplemented by controlled buy was PC

The CI passed on information from others that was virtually only a street rumor that he then corroborated with a controlled buy. The totality was probable cause. Hart v. State, 2017 Alas. App. LEXIS 59 (April 14, 2017). The officer … Continue reading

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NY Co.: Taking a “recidivist transit violator” outside the turnstiles was a reasonable detention

Plaintiff was a “recidivist transit violator” stopped for moving between cars. Taking him off the train outside the turnstiles was a reasonable detention under the state constitution. Vargas v. City of New York, 2017 NY Slip Op 27116, 2017 N.Y. … Continue reading

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E.D.Mich.: Seizure of cell phone to preserve its evidence for a SW was reasonable

Seizure of defendant’s cell phone found near him when he was arrested was reasonable to preserve evidence until a search warrant could be obtained. United States v. Hamilton, 2017 U.S. Dist. LEXIS 54953 (E.D. Mich. April 11, 2017):

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MD: Determining “Miranda custody” is an objective inquiry based on the totality of circumstances

Determining “Miranda custody” is an objective inquiry based on the totality of circumstances. Brown v. State, 2017 Md. LEXIS 154 (March 27, 2017):

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