Momentary compliance with police with a brief show of hands and then flight is not a Fourth Amendment seizure. Abandoning a shotgun in flight showed a lack of standing. United States v. Stanton, 2012 U.S. Dist. LEXIS 145932 (W.D. Pa. October 10, 2012):<\/p>\n
A defendant’s momentary compliance with police directions does not rise to the level of a Fourth Amendment seizure if he “did not submit in any realistic sense to the officers’ show of authority.” Valentine, 232 F.3d at 359; see also United States v. Grant, 459 F. App’x 154, 156 (3d Cir. 2012) (unpublished) (defendant who momentarily raised his hands when police ordered him to “show your hands” for no more than a few seconds before fleeing was not seized); United States v. Samuels, 131 F. App’x 859, 862 (3d Cir. 2005) (unpublished) (defendant who raised one hand in response to officers’ request to raise both his hands did not submit to police authority because he continued to make hand movements toward his waist). In explaining this caveat, the Third Circuit in Valentine cited with approval the D.C. Circuit case, United States v. Washington, which found that the defendant had not yet been seized when he temporarily stopped his car at the curb in response to police commands but sped away when the officer approached on foot. 12 F.3d 1128, 1132 (D.C. Cir. 1994).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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