Seizure occurred when defendant was ordered to put hands on car

A seizure did not occur here until defendant was ordered to put his hands on the car. A momentary detention to talk to a suspect is not a stop. United States v. Terril, 2008 U.S. Dist. LEXIS 68280 (E.D. Pa. September 9, 2008)*:

Accordingly, at the earliest, the seizure of Defendant occurred when the officers ordered the three individuals to place their hands on the car, and Defendant moved to do so. Brown, 448 F.3d at 246 (recognizing that momentary compliance is not sufficient to consummate a seizure, but noting that a defendant demonstrates more than momentary compliance when he yields to an officer’s authority by “turning to face [a] car and placing (or moving to place) his hands on the vehicle.”); cf. United States v. Valentine, 232 F.3d 350, 359 (3d Cir. 2000) (recognizing that momentary compliance with an officer’s orders does not constitute a seizure).

There was PC for defendant’s arrest based on wiretap information that linked him to the vehicle parked in his driveway that was not his. United States v. Omari, 2008 U.S. App. LEXIS 19212 (3d Cir. September 5, 2008) (unpublished).*