Officers talking to a motorist parked in a Lexus in a high crime area to watch out was not a seizure. The officer walked around the car and saw the butt of a gun, but it turned out to be a BB gun. United States v. Mahr, 2012 U.S. Dist. LEXIS 161000 (D. Neb. October 22, 2012):<\/p>\n
Taking the “position that a person is ‘seized’ for Fourth Amendment purposes whenever an officer interrupts what that person was otherwise doing is absurd.” United States v. Tarantola, 332 F.3d 498, 499 (8th Cir. 2003). Merely attempting to attract a person’s attention to further investigate suspected criminal behavior “does not implicate any Fourth Amendment interest, does not amount to a seizure, and thus falls outside the ambit of the Fourth Amendment.” Tarantola, 332 F.3d 499-500 (knocking on glass door of laundromat is not a seizure). More specifically, an officer’s attempt to make contact with individuals occupying a vehicle parked in a public place does not constitute a seizure. See Mabery, 686 F.3d at 596-97(citing cases) (finding no seizure where officer shined a spotlight on vehicle from the street); see also United States v. Barry, 394 F.3d 1070 (8th Cir. 2005) (finding no seizure where officer knocked on vehicle’s window as it was parked in vacant parking lot behind a mall).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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