When defendant refused to be \u201cseized\u201d and ran away, he obviously felt free to leave. Also, \u201c[t]he district court reviews de novo only those portions of a magistrate judge’s R&R to which objections are filed.\u201d There is no de novo review to that which the defendant does not object. United States v. Huckabee, 2012 U.S. Dist. LEXIS 24491 (N.D. N.C. February 27, 2012):*<\/p>\n
The district court reviews de novo only those portions of a magistrate judge’s M&R to which objections are filed. 28 U.S.C. \u00a7 636(b)(1). The court does not perform a de novo review of those portions to which a party makes only “general and conclusory objections that do not direct the court to a specific error in the magistrate’s proposed findings and recommendations.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). Absent a specific and timely objection, the court reviews only for “clear error,” and need not give any explanation for adopting the M&R. Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005); Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983). Upon careful review of the record, “the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. \u00a7 636(b)(1).<\/p>\n
. . .<\/p>\n
Detective Hunter did not seize defendant when she attempted to question him near the side of the road. After Detectives Becker and Hunter pulled to the side of the road, Detective Hunter approached defendant from the front and asked, in a conversational tone, if she could talk to him. Defendant responded aggressively by saying, “Who the [expletive omitted] are you? You don’t know me.” Detective Hunter identified herself as a police detective and again asked if she could talk to him. Defendant again responded, “You don’t know me,” and then fled. The entire encounter lasted about five seconds.<\/p>\n
Under these factual circumstances, a reasonable person would have felt himself free to leave. Detective Hunter did not physically contact defendant, nor was her questioning of him intimidating. Her firearm was holstered, and she did not accuse defendant of any criminal activity. Based on these circumstances, a reasonable person would have felt himself free to go about his business. Further, even if Detective Hunter’s conduct could somehow be construed as an assertion of authority, defendant never submitted. Rather, he attempted to flee. As stated above, “[a] defendant who flees the police in response to an assertion of authority has not been seized, and thus his Fourth Amendment rights are not implicated.” Brown, 401 F.3d at 594.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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