Category Archives: Seizure

MA: A civil abuse order of protection cannot be served by a traffic stop under the Fourth Amendment and the Massachusetts Constitution

A civil abuse order of protection cannot be served by a traffic stop under the Fourth Amendment and the Massachusetts Constitution. Commonwealth v. Sanborn, 2017 Mass. LEXIS 496 (June 29, 2017):

Posted in Seizure | Comments Off on MA: A civil abuse order of protection cannot be served by a traffic stop under the Fourth Amendment and the Massachusetts Constitution

CA9: LAPD’s and California’s 30 day vehicle impoundment policy violates 4A

LAPD’s and the State of California’s policy of requiring all impounded vehicles be held 30 days violates the Fourth Amendment. Plaintiff loaned her car to her brother-in-law who was arrested for a suspended license, and the car was impounded. She … Continue reading

Posted in Emergency / exigency, Reasonableness, Seizure | Comments Off on CA9: LAPD’s and California’s 30 day vehicle impoundment policy violates 4A

W.D.Tex.: County Jail’s acceptance of ICE detainees without PC violates 4A

Bexar County jail’s acceptance of ICE detainers without a showing probable cause for the detention violates the Fourth Amendment. The collective knowledge doctrine doesn’t apply where there isn’t any communication between ICE and the jail other than the jail taking … Continue reading

Posted in § 1983 / Bivens, Probable cause, Seizure | Comments Off on W.D.Tex.: County Jail’s acceptance of ICE detainees without PC violates 4A

NJ: Blocking car and shining light into car then approaching car was an investigative detention

“Defendant was faced with an investigative detention once the officer blocked in her vehicle, directed the patrol car’s alley light to shine into her car, and then approached her driver’s-side window to address her. Under the totality of the circumstances, … Continue reading

Posted in Seizure | Comments Off on NJ: Blocking car and shining light into car then approaching car was an investigative detention

SC: Catching up to def on street and telling him to produce ID was a seizure, here without RS

“Before the agents made contact with Spears, he had walked several hundred feet without the agents engaging him, indicating he was free to continue walking. By increasing their speed to catch up with Spears, the agents indicated to Spears he … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on SC: Catching up to def on street and telling him to produce ID was a seizure, here without RS

TX14: Use of a spotlight on a boat was not a seizure

The use of a spotlight on a boat at night was not a seizure. Neale v. State, 2017 Tex. App. LEXIS 5008 (Tex. App. – Houston (14th Dist.) June 1, 2017):

Posted in Plain view, feel, smell, Seizure | Comments Off on TX14: Use of a spotlight on a boat was not a 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

Posted in Consent, Seizure | Comments Off on NY1: A request to produce ID isn’t always a seizure

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

Posted in Reasonable suspicion, Seizure | Comments Off on FL4: Just being on somebody else’s property is not RS of a crime without more; telling def to “stand by” is a seizure

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

Posted in Seizure | Comments Off on CA10: 4A claim not stated for malicious prosecution where no arrest

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

Posted in Seizure, Staleness | Comments Off on OH2: Direction to def to not reach into his own pocket for a consent search wasn’t a seizure

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

Posted in Reasonable suspicion, Reasonableness, Seizure | Comments Off on 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

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

Posted in Seizure | Comments Off on UT: Officer safety permits extending stop long enough to check passenger’s ID