W.D.Pa.: Ordering occupants to stay in parked car officer pulled up behind was a seizure, but with RS

The officer pulled up behind defendant’s parked car. “[T]he Court concludes that the officers pulling up behind the parked vehicle constituted a mere encounter that did not ripen into a seizure for Fourth Amendment purposes until Sergeant Spangler ordered Defendant to stay seated in the vehicle.” It was, however, with reasonable suspicion the occupants were involved in some drug offense. “[T]he officers observed in plain view a crack pipe on the passenger seat where Defendant was seated and a backpack containing a large amount of United States currency. As such, the officers were able to perceive the immediately apparent incriminating nature of both items.” United States v. Bowra, 2018 U.S. Dist. LEXIS 38797 (W.D. Pa. Mar. 9, 2018).

Defendant’s traffic stop was based on at least reasonable suspicion, and it was not unreasonably extended. Even if the Utah criminal record privacy act had been violated in leading to defendant’s arrest, there’s no remedy of exclusion for it. United States v. Mayville, 2018 U.S. Dist. LEXIS 38305 (D. Utah Mar. 7, 2018).*