{"id":6429,"date":"2012-05-01T09:25:07","date_gmt":"2011-12-18T09:57:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-18T09:57:44","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6429","title":{"rendered":"ND: Record did not show defendant was seized during stop"},"content":{"rendered":"<p>The record does not show that defendant was seized, and defendant did not show that he wasn\u2019t free to leave, so he did not show a Fourth Amendment violation. <a href=\"http:\/\/www.ndcourts.gov\/_court\/opinions\/20110123.htm\">State v. Aguilar<\/a>, 2011 ND 236, 809 N.W.2d 285 (2011)*:<\/p>\n<blockquote><p>[*P14]  The State argues Sanchez was not illegally seized because he was not being detained until he was arrested for possessing the methamphetamine and the pipe. Sanchez relied on Aguilar\u2019s arguments at the suppression hearing and did not present any evidence that Sanchez was seized while Officer Sommer was waiting for additional officers to arrive.<\/p>\n<p>[*P15]  A Fourth Amendment seizure occurs \u201conly if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.\u201d Fields, 2003 ND 81, 662 N.W.2d 242, \u00b6 11 (quoting State v. Koskela, 329 N.W.2d 587, 589 (N.D. 1983)). At the district court suppression hearing, Sanchez presented no evidence that he was not free to leave before he was arrested, and nothing in the record suggests otherwise. The sniff did not violate Sanchez&#8217;s right to be free from unreasonable seizures because Sanchez was not seized until after the sniff occurred.<\/p><\/blockquote>\n<p>[Note: Since the burden in a warrantless search is on the government, why is this court holding that defendant had the burden to show that he was \u201cseized.\u201d The burden is on the state to show that he was not seized. Here, at least, the court says that nothing in the record shows that he was seized. Unfortunate language.] <\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6429\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6429","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6429","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6429"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6429\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6429"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6429"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6429"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}