TN: Merely being on a cul-de-sac at 3:30 am where you don’t belong isn’t RS

A resident on a cul-de-sac called the police because a car that seemingly didn’t belong was driving around a few times. The police were called and stopped the car. Defendant was arrested for DUI. The stop lacked an objective basis because there was nothing to show that the occupant of the vehicle did anything wrong. It was late, and it was suspicious, but there wasn’t any fact that supported that criminal activity was afoot. State v. Willis, M2014-00252-CCA-R3-CD (Tenn. Crim. App. October 27, 2014).*

Defendant and his wife had separated, and she needed information off a computer hard drive for tax purposes. She found apparent child pornography and told her divorce lawyer who took possession then called the police. The police search didn’t exceed the private search except with a search warrant. United States v. Kaszynski, 2014 U.S. Dist. LEXIS 151687 (M.D. Fla. September 25, 2014).*

Defendant fled rather than talk to the police, and he discarded a gun in flight. That was abandonment. He was not seized he fled. United States v. Suttles, 2014 U.S. Dist. LEXIS 151733 (E.D. Tenn. September 16, 2014).*

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