CA8: An attempted arrest isn’t a seizure, even without PC

“However, an attempted arrest alone, even if unsupported by probable cause, is insufficient to invoke Fourth Amendment protections against unreasonable seizures. See Hodari D., 499 U.S. at 626 (‘The word “seizure” … does not remotely apply … to the prospect of a policeman yelling “Stop, in the name of the law!” at a fleeing form that continues to flee.’). Instead, the Fourth Amendment protection against unlawful seizures attaches only when there is either ‘physical force,’ or, as relevant here, ‘submission to the assertion of authority.’ Id. (emphasis omitted).” United States v. Finley, 2023 U.S. App. LEXIS 381 (8th Cir. Jan. 9, 2023).

Reasonable suspicion of drug activity in a car is also reasonable suspicion firearms could be in the car, too. United States v. Moreno, 2023 U.S. App. LEXIS 426 (4th Cir. Jan. 9, 2023).

The issuing USMJ was presented with ample probable cause for the search warrant. United States v. Rodriguez-Preciado, 2023 U.S. App. LEXIS 427 (4th Cir. Jan. 9, 2023).*

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