{"id":62110,"date":"2025-10-12T11:49:06","date_gmt":"2025-10-12T16:49:06","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62110"},"modified":"2025-10-12T16:49:19","modified_gmt":"2025-10-12T21:49:19","slug":"pa-yelling-hey-fellas-to-defs-who-fled-was-not-a-seizure","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=62110","title":{"rendered":"PA: Yelling &#8220;Hey, fellas&#8221; to defs who fled was not a seizure"},"content":{"rendered":"\n<p>\u201cBased upon our review of the record and the applicable authority, we conclude that Officer Crist calling out \u2018hey, fellas\u2019 to Stoney and Holmes did not amount to a seizure for Fourth Amendment purposes, as it did not amount to a forceful authoritative command that would cause a reasonable person to believe they were not free to leave, and thus, at that point, the interaction was nothing more than a mere encounter. \u2026 Instead, Stoney and Holmes were seized for Fourth Amendment purposes when they fled and the officers began to pursue them.\u201d <a href=\"https:\/\/www.pacourts.us\/assets\/opinions\/Superior\/out\/J-A24003-25o%20-%20106539869331309021.pdf?cb=1\">Commonwealth v. Stoney<\/a>, 2025 PA Super 232 (Oct. 10, 2025).<\/p>\n\n\n\n<p>A controlled buy at defendant\u2019s property is nexus to it. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2025\/10\/10\/24-3079.pdf\">United States v. Gross<\/a>, 2025 U.S. App. LEXIS 26446 (9th Cir. Oct. 10, 2025).<br \/> <\/p>\n\n\n\n<p>Police executing a search warrant looking for defendant\u2019s cell phone didn\u2019t find him there. They got his wife to call him to come home with it. It was searched after he got there, and the searching officers were still in there processing the premises when he showed up with it. Leopard v. State, 2025 Ga. App. LEXIS 450 (Oct. 10, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cBased upon our review of the record and the applicable authority, we conclude that Officer Crist calling out \u2018hey, fellas\u2019 to Stoney and Holmes did not amount to a seizure for Fourth Amendment purposes, as it did not amount to &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=62110\">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":[5,38,69,16],"tags":[],"class_list":["post-62110","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-nexus","category-seizure","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62110","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=62110"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62110\/revisions"}],"predecessor-version":[{"id":62117,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62110\/revisions\/62117"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62110"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62110"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62110"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}