Category Archives: Seizure

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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CA5: Detention on a “mental writ” was reasonable

“Holloway is a six-foot-six, former Mississippi State University offensive lineman who was in a car accident with a deputy near Hattiesburg in Lamar County, Mississippi.” Later, he was described as “formidable.” It turned out there was a “mental writ” issued … Continue reading

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D.S.C.: No REP in a rental rented by another and loaned to def where he wasn’t on the rental contract

Defendant had no reasonable expectation of privacy in a rental car rented by another and loaned to him when the rental company didn’t authorize him as a driver. United States v. Dorsey, 2017 U.S. Dist. LEXIS 21112 (D.S.C. Feb. 15, … Continue reading

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CA10: Officers pulled up next to def walking along road and finally told him to stop; this was a seizure without RS

Defendant was walking down the street at night and a police car pulled up beside him and officers were talking to him as he walked. Finally they told him to stop. This was a seizure for which there was no … Continue reading

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E.D.Okla.: Search of vehicle on roadside not unreasonable because it started as a proper inventory

Defendant was stopped for his tag light being out, and it resulted in finding that his DL was suspended. That meant that his vehicle would be towed. The inventory by all appearances was starting, because a video showed the inventory … Continue reading

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CA6: Sheriff’s deputy relying on writ of execution didn’t violate 4A

Defendant deputy sheriff and the state court plaintiffs acting on a writ of execution issued by the trial court couldn’t be sued over it. Without even considering Tennessee’s post-judgment execution law and even assuming the writ was improperly issued, no … Continue reading

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