MO: Telling def to “stay right there” and “sit down” was a seizure

Telling defendant to “stay right there” and “sit down” was a seizure, and here it was with reasonable suspicion. State v. Higgs, 2022 Mo. App. LEXIS 274 (May 3, 2022).*

Probable cause was shown: “A reasonable judge could, and did, decide that the affidavit language relied on by Defendant was simply the sort of inartful expression one can expect to find when a law-enforcement officer (not an English professor) is hurrying to obtain a search warrant after discovering new important information.” United States v. Topete-Madrueno, 2022 U.S. App. LEXIS 11902 (10th Cir. May 3, 2022).*

“Plaintiff’s conclusory allegation that Detective Mickelsen filed a false report, which appears to be based solely on the fact of Plaintiff’s acquittal, is insufficient to support a Fourth Amendment false arrest or unlawful detention claim.” Nelson v. Dinca, 2022 U.S. Dist. LEXIS 79179 (W.D.Wash. Apr. 1, 2022).*

“As a passenger in Car-2, who does not claim any property interest in the vehicle or right to exclude others from it, Cannonier did not have a legitimate expectation of privacy in the car.” United States v. Cannonier, 2022 U.S. Dist. LEXIS 79451 (S.D.N.Y. May 2, 2022).*

This entry was posted in Franks doctrine, Seizure, Standing. Bookmark the permalink.

Comments are closed.