E.D. Tenn.: Defendant’s refusal to submit to arrest and flight showed he was not seized

The traffic stop of car defendant was in was justified by occupants not using seatbelts. Defendant refused to submit and fled, and he was never seized. United States v. Lindsey, 2012 U.S. Dist. LEXIS 52250 (E.D. Tenn. February 3, 2012), adopted 2012 U.S. Dist. LEXIS 52249 (E.D. Tenn., Apr. 13, 2012):

Because the Fourth Amendment governs actual seizure, not attempted seizures, the government need not justify Officer Fielden’s attempt to stop Defendant. United States v. Smith, No. 10-1551, 2012 WL 181393 (6th Cir. Jan. 24, 2012) (holding that police need not justify their attempt to stop a defendant who evades their attempt). If a suspect is not seized because he evades the police, the Fourth Amendment is simply not implicated. Brendlin, 551 U.S. at 254; United States v. George, No. 10-6159, 2012 WL 128402, at *1 (6th Cir. Jan. 17, 2012) (“Without actual submission, ‘there is at most an attempted seizure.'”) (quoting Jones, 562 F.3d at 774 and Brendlin, 551 U.S. at 254); United States v. Smith, 594 F.3d 530, 535-36 (6th Cir. 2010) (“In order for a seizure to occur, the encounter must not be consensual and the officers must use physical force or the individual must submit to the officers’ show of authority.”).

The government does not dispute that Officer Fielden engaged in a show of authority. Defendant does not appear to contest that he failed to submit to Officer Fielden’s show of authority; instead, Defendant contends he was seized, perhaps by physical force, the moment Officer Fielden’s gun was drawn and pointed at him. The case law simply does not support Defendant’s position.