CA6: A police order to come out of one’s house is a seizure

“These cases clearly establish that forced compliance with orders is a Fourth Amendment seizure. Mendenhall and Saari establish that words that compel compliance with the officer’s orders to exit a house constitute a seizure. Thus, when taking the facts in the light most favorable to the Hopkinses, Nichols’s commands to Mrs. Hopkins may have amounted to a clearly established constitutional violation. For those reasons, we conclude that the district court properly denied qualified immunity to defendants for the alleged seizure of Mrs. Hopkins.” Hopkins v. Nichols, 2022 U.S. App. LEXIS 16664 (6th Cir. June 16, 2022).

No CoA for this 2254 appeal. The Fourth Amendment ineffective assistance claim was procedurally defaulted in state court. Montelongo-Rangel v. Forshey, 2022 U.S. App. LEXIS 16603 (6th Cir. June 15, 2022).*

The search warrant for defendant’s blood was issued with probable cause. The record reviewed is that which was before the warrant issuing magistrate. State v. Green, 2022 WI 41, 2022 Wisc. LEXIS 61 (June 15, 2022).*

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