{"id":23523,"date":"2016-08-29T07:04:18","date_gmt":"2016-08-29T12:04:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23523"},"modified":"2016-12-25T23:53:30","modified_gmt":"2016-12-26T04:53:30","slug":"w-d-n-y-def-had-hood-of-car-open-and-police-told-him-to-put-his-hands-up-he-did-then-fled-he-was-seized-wo-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=23523","title":{"rendered":"W.D.N.Y.: Def had hood of car open and police told him to put his hands up, he did, then fled; he was seized w\/o RS [Updated: rev&#8217;d 12\/13\/16]"},"content":{"rendered":"<p>Officers saw defendant by his car with the hood open. Something about his elbow body language made them want to stop him. They told him to raise his hands. He did, then he fled. The court finds the directive was the seizure, and it was without reasonable suspicion. The flight came after. United States v. Jones, 2016 U.S. Dist. LEXIS 108477 (W.D.N.Y. Aug. 16, 2016), rejected, 2016 U.S. Dist. LEXIS 171988 (W.D.N.Y. Dec. 13, 2016) (<a href=\"fourthamendment.com\/?p=25017\">here<\/a>)*<\/p>\n<p>The court credits only the government\u2019s version and finds defendant consented to entry and seizure of the computer. United States v. Eastman, 2016 U.S. Dist. LEXIS 107471 (D.Conn. Aug. 15, 2016).*<\/p>\n<p>The minor errors in the affidavit for the search warrant have no bearing on the probable cause showing. Therefore, he gets no Franks hearing. United States v. Campagna, 2016 U.S. Dist. LEXIS 108238 (S.D.N.Y. Aug. 11, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers saw defendant by his car with the hood open. Something about his elbow body language made them want to stop him. They told him to raise his hands. He did, then he fled. The court finds the directive was &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=23523\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,21,35,69],"tags":[],"class_list":["post-23523","post","type-post","status-publish","format-standard","hentry","category-consent","category-franks-doctrine","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23523","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=23523"}],"version-history":[{"count":5,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23523\/revisions"}],"predecessor-version":[{"id":25020,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23523\/revisions\/25020"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23523"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23523"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23523"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}