Defendant was not seized as he fled officers

Defendant had not yet been seized when he was fleeing from police during a drug surveillance. He was hemmed in by police cars, drove off the road, the left front tire was shot at by the police, and then defendant drove to a pond and started throwing baggies of drugs into a pond. That justified his seizure and arrest. United States v. Prosise, 2007 U.S. Dist. LEXIS 84473 (E.D. Va. November 15, 2007).*

Search of defendant’s car was not a search incident and limited; rather, it was a full search justified by the automobile exception. United States v. Rubio-Perez, 2007 U.S. Dist. LEXIS 84382 (W.D. Wash. November 5, 2007).*

Defendant’s car was parked, and a park ranger walked up to the defendant’s car and discovered that he was under the influence. The initial encounter was not seizure. United States v. Robson, 2007 U.S. Dist. LEXIS 84329 (D. Nev. October 30, 2007).*

Statutory violation for a BAC that did not prejudice the defendant did not warrant suppression. Bradt v. Colo. Dep’t of Revenue, 178 P.3d 1250 (Colo. App. 2007).*

The search in this case was not contested, but this is a little atypical: The defendant called the police to report a domestic disturbance, and the police arrived and she consented to a search that resulted in her arrest for possession of marijuana after the officers invited in smelled burning marijuana. State v. Fisher, 2007 Iowa App. LEXIS 1177 (November 15, 2007).*