{"id":2729,"date":"2009-02-17T09:16:15","date_gmt":"2008-12-01T05:56:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-12-01T05:56:28","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2729","title":{"rendered":"KY: Directing a motorist to move to a police car, expecting compliance, is a seizure"},"content":{"rendered":"<p>Directing a motorist to move away from a vehicle and over to the police vehicle in such a way as to express a requirement of compliance is a seizure. <a href=\"http:\/\/opinions.kycourts.net\/SC\/2007-SC-000328-DG.pdf\">Strange v. Commonwealth<\/a>, 269 S.W.3d 847 (Ky. 2008).*<\/p>\n<p>Defendant proved that he was a guest and had standing to contest a search of the apartment he was visiting. He had spent two or three nights there, had a key, and had stuff there when the entry occurred. His cocaine conviction is reversed, but his assault of the officers is not. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/10\/2008\/2008-ohio-6122.pdf\">State v. Keith<\/a>, 2008 Ohio 6122, 2008 Ohio App. LEXIS 5115 (10th Dist. November 25, 2008).*<\/p>\n<p>Officers who had a 911 report that the decedent was mentally ill and was a danger to himself or others, verified at the scene, had qualified immunity from suit for their entry and re-entry into the premises, establishing a perimeter around the premises (not itself a seizure), and seizure of the premises. <a href=\"http:\/\/www.ca1.uscourts.gov\/pdf.opinions\/07-2169P-01A.pdf\">Estate of Bennett v. Wainwright<\/a>, 2008 U.S. App. LEXIS 24217 (1st Cir. November 26, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2729\">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-2729","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2729","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=2729"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2729\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2729"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2729"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2729"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}