NC: Officer waving down a motorist at 3 am was a seizure

“The issue in this case is whether a driver is “seized” within the meaning of the Fourth Amendment when he is tailed by a marked police cruiser down empty streets at 3 a.m., followed into an empty parking lot, and then hailed down by the officer’s hand gestures. Because we conclude that no reasonable person would believe he was free to go under such circumstances, we hold that Defendant was seized for purposes of the Fourth Amendment and that the trial court erred in denying his motion to suppress.” State v. Steele, 2021-NCCOA-148, 2021 N.C. App. LEXIS 165 (Apr. 20, 2021).

Defendant already in prison for murder didn’t have his Fourth Amendment rights violated by a blood draw for DNA. It was a reasonable search. State v. Womble, 2021-NCCOA-150, 2021 N.C. App. LEXIS 177 (Apr. 20, 2021).

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