N.D.Cal.: Court doesn’t credit that a person could just walk away from a police encounter; people get shot for that

Defendant was seized by a police car parked face-to-face with his car and spotlights shining in. Defendant couldn’t be expected to drive on the sidewalk to just leave. “The Court concludes that when the uniformed police officer here parked a marked police cruiser in a way that restricted the ability of the Corolla to exit in a reasonable manner, the officers seized the car (and its occupants). One need only turn on a television or open a newspaper for a reminder that people in this country, and particularly people of color, can be shot while walking away, let alone driving on the sidewalk, during encounters with armed officers. No reasonable person in Defendant’s position would have felt free to leave or terminate the encounter on the undisputed facts here, and the Defendant was seized for Fourth Amendment purposes.” United States v. Scallion-Martinez, 2020 U.S. Dist. LEXIS 161513 (N.D. Cal. Sept. 2, 2020).

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