{"id":1532,"date":"2008-05-23T18:34:49","date_gmt":"2007-11-17T10:48:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-11-17T10:48:00","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1532","title":{"rendered":"Defendant was not seized as he fled officers"},"content":{"rendered":"<p>Defendant had not yet been seized when he was fleeing from police during a drug surveillance. He was hemmed in by police cars, drove off the road, the left front tire was shot at by the police, and then defendant drove to a pond and started throwing baggies of drugs into a pond. That justified his seizure and arrest.  United States v. Prosise, 2007 U.S. Dist. LEXIS 84473 (E.D. Va. November 15, 2007).*<\/p>\n<p>Search of defendant&#8217;s car was not a search incident and limited; rather, it was a full search justified by the automobile exception. United States v. Rubio-Perez, 2007 U.S. Dist. LEXIS 84382 (W.D. Wash. November 5, 2007).*<\/p>\n<p>Defendant&#8217;s car was parked, and a park ranger walked up to the defendant&#8217;s car and discovered that he was under the influence. The initial encounter was not seizure. United States v. Robson, 2007 U.S. Dist. LEXIS 84329 (D. Nev. October 30, 2007).*<\/p>\n<p>Statutory violation for a BAC that did not prejudice the defendant did not warrant suppression. Bradt v. Colo. Dep&#8217;t of Revenue, 178 P.3d 1250 (Colo.  App. 2007).*<\/p>\n<p>The search in this case was not contested, but this is a little atypical: The defendant called the police to report a domestic disturbance, and the police arrived and she consented to a search that resulted in her arrest for possession of marijuana after the officers invited in smelled burning marijuana. State v. Fisher, 2007 Iowa App. LEXIS 1177 (November 15, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1532\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1532","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1532","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1532"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1532\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1532"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1532"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1532"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}