CA9: Being detained and then moved with hands briefly behind back wasn’t an arrest

Defendant’s brief detention and moving him from a public area to a private area was not a seizure, even though his hands were held behind his back as he walked. United States v. Torres, 2018 U.S. App. LEXIS 11897 (9th Cir. May 7, 2018).

“Here, the transcript of the suppression hearing is devoid of any specter of coercion, threat, or force.” Consent was voluntary on the totality. United States v. Frye, 2018 U.S. Dist. LEXIS 76242 (W.D. N.Y. May 4, 2018).*

Defendant’s post-conviction claim challenging his search and seizure is barred by Stone v. Powell and his opportunity to litigate in the state courts. COA denied. Quintana v. Hansen, 2018 U.S. App. LEXIS 11848 (10th Cir. May 7, 2018).*

This entry was posted in Arrest or entry on arrest, Consent, Seizure. Bookmark the permalink.

Comments are closed.