Category Archives: Seizure

NY1: A request to produce ID isn’t always a seizure

The request to defendant to produce his ID when the police were investigating a potential trespass doesn’t constitute a seizure per se. Here, the defendant volunteered to take the officer to where he was going. That was all consent. People … Continue reading

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FL4: Just being on somebody else’s property is not RS of a crime without more; telling def to “stand by” is a seizure

Defendant’s friends saw a police officer coming and all walked away. Defendant did not. That did not mean that when the encounter started, defendant was free to leave. On this record, he was not, and it was a detention without … Continue reading

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CA10: 4A claim not stated for malicious prosecution where no arrest

Plaintiff couldn’t state a Fourth Amendment claim for malicious prosecution where she was not arrested by the officer. He presented his findings to the prosecutor who filed a charge. Fisher v. Koopman, 2017 U.S. App. LEXIS 8940 (10th Cir. May … Continue reading

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OH2: Direction to def to not reach into his own pocket for a consent search wasn’t a seizure

Defendant’s attempt to reach into his own pocket did not constitute an unequivocal withdrawal of the consent to search he had given to the officer. Defendant’s conduct appeared to have been an attempt to help facilitate the search, not to … Continue reading

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D.Utah: No 4A requirement for a police car in the field to have internet access to more speedily check records without radioing it in

There is no constitutional requirement for a police car in the field to have internet access to more speedily check records without radioing it in. Also, he testified that rural service is spotty. United States v. Lopez-Casillas, 2017 U.S. Dist. … Continue reading

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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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