{"id":63264,"date":"2026-02-22T18:26:04","date_gmt":"2026-02-22T23:26:04","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63264"},"modified":"2026-02-22T18:26:04","modified_gmt":"2026-02-22T23:26:04","slug":"or-stop-became-a-seizure-when-questions-turned-to-travel-plans","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=63264","title":{"rendered":"OR: Stop became a seizure when questions turned to travel plans"},"content":{"rendered":"\n

\u201cApplying those principles here, we conclude that, under the totality of the circumstances, defendant was seized, at the latest, at 8:53 a.m., when Smith’s questions changed from general questions about defendant’s or P’s identity, to more probing questions about what defendant and P’s plans were. Put differently, at that point, a reasonable person in defendant’s situation would have felt that their movement was restricted by Smith. Several factors lead us to that conclusion. \u2026\u201d State v. Acosta Parra<\/a>, 347 Or. App. 216 (Feb. 19, 2026).<\/p>\n\n\n\n

The encounter started with consent. Officers developed reasonable suspicion for a longer detention, despite later concluding that defendant wasn\u2019t involved in the alleged criminal activity that brought them out. United States v. Dougherty, 2026 U.S. Dist. LEXIS 33961 (D.S.D. Feb. 17, 2026).*<\/p>\n\n\n\n

Plaintiff wife has no Art. III standing to sue over husband\u2019s arrest. Garcia v. City of McAllen, 2026 U.S. Dist. LEXIS 33902 (S.D. Tex. Jan. 16, 2026).*<\/p>\n\n\n\n

In an immigration detention case, the government\u2019s failure to respond to the petitioner\u2019s Fourth and Fifth Amendment arguments was waiver. Eduardo R.P. v. Bondi, 2026 U.S. Dist. LEXIS 33634 (D. Minn. Feb. 17, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cApplying those principles here, we conclude that, under the totality of the circumstances, defendant was seized, at the latest, at 8:53 a.m., when Smith’s questions changed from general questions about defendant’s or P’s identity, to more probing questions about what … Continue reading →<\/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":[107,35,69,34,129],"tags":[],"class_list":["post-63264","post","type-post","status-publish","format-standard","hentry","category-immigration-arrests","category-reasonable-suspicion","category-seizure","category-standing","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63264","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=63264"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63264\/revisions"}],"predecessor-version":[{"id":63265,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63264\/revisions\/63265"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63264"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63264"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63264"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}