{"id":8679,"date":"2014-01-16T07:08:54","date_gmt":"2013-04-27T09:22:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-04-27T09:22:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8679","title":{"rendered":"CA9: Defendant not seized when he tossed his gun"},"content":{"rendered":"<p>Defendant ignored police commands and was walking away from them when he was told to put his hands up. Instead, he reached into his waistband and tossed the gun he had. Even if the prior search of his backpack was illegal, that was an intervening act and he wasn\u2019t seized when he threw the gun. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2013\/04\/19\/12-30015.pdf\">United States v. McClendon<\/a>, 713 F.3d 1211 (9th Cir. 2013).*<\/p>\n<p>The stop was based in part on information from a CI, traveling in tandem and following too close, and that was reasonable suspicion which led to a plain view of heroin. United States v. Espino-Urvan, 2013 U.S. Dist. LEXIS 58470 (S.D. N.Y. April 23, 2013).*<\/p>\n<p>The claim that plaintiff\u2019s children were not allowed to attend his federal criminal trial except with state DHS workers is not a constitutional claim, including a Fourth Amendment claim. <a href=\"http:\/\/www.ca3.uscourts.gov\/opinarch\/124151np.pdf\">Santos v. Sec&#8217;y of D.H.S.<\/a>, 532 Fed. Appx. 29 (3d Cir. 2013).*<\/p>\n<p>Defendant\u2019s search at CBP at ATL was a border search, and the cocaine found in his suitcase was lawfully seized. United States v. Wallace, 2013 U.S. Dist. LEXIS 58319 (N.D. Ga. March 21, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8679\">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-8679","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8679","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=8679"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8679\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8679"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8679"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8679"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}