{"id":3006,"date":"2009-04-30T08:39:03","date_gmt":"2009-03-16T03:25:54","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-03-16T05:13:44","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3006","title":{"rendered":"OH11: Merely walking up to a parked car to talk to the driver is not a seizure"},"content":{"rendered":"

Approaching a parked car to talk to the driver is not a seizure. State v. Hurtuk<\/a>, 2009 Ohio 1004, 2009 Ohio App. LEXIS 821 (11th Dist. March 6, 2009).*<\/p>\n

Juvenile who saw an unmarked car and dropped a bag of marijuana as he turned and walked away was not seized when he dropped it. In re J.S.<\/a>, 2009 La. App. LEXIS 381 (4th Cir. February 18, 2009).*<\/p>\n

In contrast, when the defendant was encountered by police and told to show his hands, he dropped a gun, and that was a seizure without cause. Commonwealth v. Pierre<\/a>, 453 Mass. 1010 (March 12, 2009).*<\/p>\n

Defense counsel was not ineffective because defendant’s search was justified as a probation search after officers learned he was involved in a meth ring. State v. Adkins<\/a>, 2009 MT 71, 349 Mont. 444, 204 P.3d 1 (2009).*<\/p>\n

Inevitable discovery supported the seizure and search of defendant’s laptop stored in a garage with defendant’s and other people’s stuff. It was contended by the mother of an abuse victim that defendant had pictures of the sexual abuse on the computer. The police seized it from the combined storage area and got a federal search warrant based on the mother’s description of what she had seen. Even if the seizure was invalid, the court is convinced beyond doubt that the police would have shortly had possession of the computer by other, more lawful means. State v. Lacey<\/a>, 2009 MT 62, 349 Mont. 371 (March 3, 2009).*<\/p>\n

State’s seizure of evidence not used at trial could hardly be used to invalidate a conviction after the fact. State v. Dudas<\/a>, 2009 Ohio 1003, 2009 Ohio App. LEXIS 824 (11th Dist. March 6, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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