\u201cI conclude that a law enforcement officer’s activation of red and blue emergency does not, by itself, establish a seizure for Fourth Amendment purposes. However, it is a factor that weighs in favor of finding a seizure. Certain other facts weigh against a finding of seizure. For example, Diaz was sitting in a truck that appeared to be wrecked. Gov. Ex. 5 at 1:28-1:35 (Diaz explaining to Clausen that the truck had been in the impound lot due to a wreck). Reasonable persons sitting in a vehicle in disrepair in the middle of winter could assume that the officer is approaching to check on their welfare.\u201d United States v. Diaz, 2024 U.S. Dist. LEXIS 2607 (N.D. Iowa Jan. 5, 2024).<\/p>\n\n\n\n
Defendant\u2019s Franks challenge fails. \u201cAnderson has done a laudable job of uncovering mistakes and incorrect information contained in the search warrant affidavit as well as omitted information he believes is material and should have been included. The Government argues that the Defendant’s method of isolating pieces of evidence in the affidavit and attacking the sufficiency of each piece of evidence individually ignores the totality of the circumstances analysis that governs the probable cause determination.\u201d \u201cThe Court agrees with the Government that TFO Compton interpreted the facts as they were observed and drew reasonable conclusions based on his training and experience in drug trafficking.\u201d Denied. United States v. Anderson, 2024 U.S. Dist. LEXIS 2641 (N.D. Ind. Jan. 5, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cI conclude that a law enforcement officer’s activation of red and blue emergency does not, by itself, establish a seizure for Fourth Amendment purposes. However, it is a factor that weighs in favor of finding a seizure. Certain other facts … Continue reading