The officer\u2019s abrupt u-turn when he saw defendant turn away as he passed and pulling up next to the defendant and calling for backup was a seizure without reasonable suspicion. The officer admitted during questioning that the defendant was not free to leave. United States v. Whitson, 2011 U.S. Dist. LEXIS 106654 (M.D. Tenn. September 20, 2011)*:<\/p>\n
The Court concludes that Terry, Brown and Williams control here. First, under Terry, the \u201cmanner\u201d of Jayne\u2019s approach to the Defendant is a significant element of Terry. 392 U.S. at 22. Here, the circumstances of the stop here are that when the Defendant turned away from him, Jayne made an abrupt u-turn and pulled his police vehicle \u201cclose to\u201d the Defendant who was on a public sidewalk. The other key facts are, based upon Jayne\u2019s testimony that his vehicle was readily identifiable as a police vehicle and Jayne called other officers, one of whom arrived within a minute. These facts establish a Terry stop at a point when Jayne lacked any reasonable suspicion.<\/p><\/blockquote>\n
Defendant consented to seizure and search of his computers for child pornography. [Since I\u2019ve had two just like this where the defendant \u201cacknowledged he had a problem,\u201d I quote part of the court\u2019s conclusion.] United States v. Emanuel<\/a>, 440 Fed. Appx. 881 (11th Cir. 2011) (unpublished)*:<\/p>\n
Accepting the magistrate\u2019s findings that the officers, and not Emanuel, testified credibly, the interview occurred in Emanuel\u2019s home, Emanuel was not prevented from leaving, and Emanuel did not ask to leave or ask the officers to leave. Emanuel invited the officers inside and cooperatively responded to their questions and requests. Emanuel was not threatened, coerced, restrained, handcuffed, patted down, required to answer questions, physically intimidated, or promised leniency. Although the officers were armed, they never removed their weapons from the holsters. The overall tone of the interview was \u201ccordial,\u201d \u201cconversational,\u201d and “very laid back.\u201d Even though Emanuel exhibited signs of anxiety, he complied with the officers\u2019 request for consent to release the computer by composing his own consent statement. Emanuel acknowledged that he had a problem, verbally asked for help, and reiterated in his consent statement that he was asking for help by releasing the computer. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading