{"id":7736,"date":"2012-11-19T06:31:26","date_gmt":"2012-09-20T07:22:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-09-20T07:22:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7736","title":{"rendered":"CA11: Slight delay at a toll booth to record LPN of vehicles paying with $100 bills was not a “seizure”"},"content":{"rendered":"

Florida once required the LPN of vehicles paid with large denomination bills at toll booths, and the motorist wasn\u2019t released until the number was recorded. This was not a Fourth Amendment seizure. That procedure has since been discontinued. Chandler v. Sec’y of the Fla. DOT<\/a>, 695 F.3d 1194 (11th Cir. 2012)*:<\/p>\n

The Chandlers’ assertions of delay in their release from the toll booth are insufficient to allege a Fourth Amendment seizure. There are no allegations in the complaint that allow us to conclude that the Chandlers were “forced” to submit to the allegedly unconstitutional delay. They do not allege that they were forced to drive on the turnpike. They chose to drive on the turnpike. They do not allege that they had no notice they would have to stop at toll booths and pay tolls. In choosing to drive on a toll road, they implicitly consented to stopping at toll booths (which stops they concede are not unconstitutional detentions) and paying tolls to enjoy the privilege of using the toll road.<\/p>\n

The Chandlers have not alleged that they were forced to pay their tolls with large-denomination bills, thereby subjecting themselves to whatever delay was caused by completion of the Bill Detection Report. They chose to pay their toll with large-denomination bills. Nor have they alleged that they asked to withdraw the large report-triggering bill in favor of a smaller delay-free bill and were denied that opportunity.<\/p>\n

Ultimately, the Chandlers merely allege that their choice to pay their toll with a large-denomination bill occasioned an unspecified delay in their ability to proceed through the toll booth. The delay was caused by the toll booth operator’s completion of the Bill Detection Report. The claim that this delay is an unconstitutional detention is predicated upon the Chandlers’ assumption that they have an absolute right to immediately proceed through the toll booth upon tendering the toll in any denomination. This assumption is unfounded.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-7736","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7736","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=7736"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7736\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7736"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7736"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7736"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}