Category Archives: Seizure

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

Posted in Protective sweep, Seizure, Standing | Comments Off

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

Posted in Attenuation, Reasonable suspicion, Seizure | Comments Off

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

Posted in Inventory, Seizure | Comments Off

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

Posted in Seizure, § 1983 / Bivens | Comments Off

M.D.Ala.: Rodriguez is not merely a durational test; RS allows continuing the stop

Rodriguez is not merely a durational test. Here, reasonable suspicion developed during the stop that justified the detention, something absent in Rodriguez. The video of the defendant’s stop doesn’t support his position, and it doesn’t undermine the government’s. It does … Continue reading

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W.D.N.Y.: Def’s refusal to show his hands wasn’t a seizure when he didn’t comply with it

Direction to defendant to show hands was not responded to, so there was no submission to authority and thus no seizure. United States v. Jones, 2016 U.S. Dist. LEXIS 171988 (W.D.N.Y. Dec. 13, 2016), rejecting, 2016 U.S. Dist. LEXIS 108477 … Continue reading

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KS: Directions and control of defendant made it clear to defendant he wasn’t free to leave: “congenial conversation during the prolonged encounter” doesn’t undo it

The directions and control of defendant made it clear to defendant he wasn’t free to leave. This is an important analysis for any practitioner. State v. Cleverly, 2016 Kan. LEXIS 606 (Dec. 23, 2016):

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CA6: Shooting dogs during drug raid was a seizure, but here it was reasonable

Officers executing a high risk warrant on plaintiff’s house shot and killed two pit bulls, one of which was standing in a corner of the basement not yet attacking. The warrant was considered high risk because the target of the … Continue reading

Posted in Qualified immunity, Seizure | Comments Off

NC: Officer waving arms to stop def for benign reason wasn’t conducting a “stop”

Officer waving his arms standing in the street to get defendant to stop did not conduct a “seizure” when defendant stopped. The officer was trying to gather information about others, and had not focused on defendant. “Officer Johnson waved his … Continue reading

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LA3: Reasonable suspicion defendant is trafficking methamphetamine means there is likely the presence of firearms

Reasonable suspicion defendant is trafficking methamphetamine means there is likely the presence of firearms. State v. Flournoy, 2016 La. App. LEXIS 2225 (La.App. 3 Cir. Dec. 7, 2016). Defendant juvenile was “in custody” and handcuffed in a patrol car being … Continue reading

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