{"id":50333,"date":"2021-11-09T08:52:57","date_gmt":"2021-11-09T13:52:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50333"},"modified":"2021-11-09T08:52:57","modified_gmt":"2021-11-09T13:52:57","slug":"ca8-merely-asking-for-id-not-a-seizure","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=50333","title":{"rendered":"CA8: Merely asking for ID not a seizure"},"content":{"rendered":"\n<p>Merely asking for ID is not a seizure. \u201cOfficer Hotz&#8217;s conduct would not have communicated to a reasonable person that he could not leave. Officer Hotz was alone, she did not display a weapon, she did not touch the defendants, and she did not use forceful language. She parked beside the car rather than in front of or behind it so the driver would have been able to drive away. She also did not ask the occupants to get out of the car until she knew they had provided false names.\u201d <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/21\/11\/203054P.pdf\">United States v. Campbell-Martin<\/a>, 2021 U.S. App. LEXIS 33094 (8th Cir. Nov. 8, 2021).*<\/p>\n\n\n\n<p>Defendant\u2019s stop was with reasonable suspicion of being involved in an armed robbery, and the protective weapons search was reasonable. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/12\/2021\/2021-Ohio-3958.pdf\">State v. Walton<\/a>, 2021-Ohio-3958, 2021 Ohio App. LEXIS 3867 (12th Dist. Nov. 8, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Merely asking for ID is not a seizure. \u201cOfficer Hotz&#8217;s conduct would not have communicated to a reasonable person that he could not leave. Officer Hotz was alone, she did not display a weapon, she did not touch the defendants, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=50333\">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":[24,69,4],"tags":[],"class_list":["post-50333","post","type-post","status-publish","format-standard","hentry","category-consent","category-seizure","category-stop-and-frisk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50333","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=50333"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50333\/revisions"}],"predecessor-version":[{"id":50334,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50333\/revisions\/50334"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50333"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50333"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50333"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}