W.D. Ky.: Removing defendant from vehicle at gunpoint is a seizure

Evidence supports the conclusion that there was at least reasonable suspicion for the stop and removal of defendant from vehicle at gunpoint, something clearly a seizure. United States v. Carver, 2009 U.S. Dist. LEXIS 3375 (W.D. Ky. January 15, 2009):

Sgt. Hill was never asked whether he had “placed Carver under arrest” at the time he removed him at gunpoint from the vehicle, handcuffed him, and removed him from the immediate vicinity of the vehicle. We think that such action quite clearly amounted to a Fourth Amendment seizure as, under the circumstances, a reasonable person would have believed he was not free to leave. Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983), quoting, U.S. v. Mendenhall, 446 U.S. 544, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980), (and noting that the subjective intent of the officer was not relevant); Peters v. New York, 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968)(Harlan, J. concurring). As the encounter developed, the officers’ initial thoughts about what might occur were rapidly replaced with what actually occurred.

The search warrant authorized a search of defendant’s vehicle parked on the curtilage. United States v. Silva, 593 F. Supp. 2d 316 (D. Mass. 2009).*

Defendant who admitted to ownership of crack and gun seized from an apartment that was not his did not show standing to contest the search of the apartment. United States v. Morgan, 2009 U.S. Dist. LEXIS 3812 (N.D. N.Y. January 21, 2009).*