Category Archives: Seizure

N.D.Cal.: If bumping def on a bike was a seizure, it ended when he ran away

The officer bumped defendant on a bike. It was potentially a seizure, but “Under Hodari D. and Torres, the seizure thus ended when Daniels got up and began running down the driveway.” United States v. Daniels, 2022 U.S. Dist. LEXIS … Continue reading

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CA2: County order to surrender firearms on losing pistol permit wasn’t a “seizure” of his effects

Plaintiff had his pistol permit revoked under New York law. The County’s requirement he surrender his long guns when that happens is not unreasonable. The court questions whether it’s even a “seizure” of his effects under the Fourth Amendment. (He … Continue reading

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MO: Telling def to “stay right there” and “sit down” was a seizure

Telling defendant to “stay right there” and “sit down” was a seizure, and here it was with reasonable suspicion. State v. Higgs, 2022 Mo. App. LEXIS 274 (May 3, 2022).* Probable cause was shown: “A reasonable judge could, and did, … Continue reading

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E.D.Tenn.: USDJ doesn’t second guess USMJ’s credibility determinations in the R&R

USDJ doesn’t second guess USMJ’s credibility determinations in the R&R on a motion to suppress. United States v. Bowman, 2022 U.S. Dist. LEXIS 69156 (E.D.Tenn. Apr. 14, 2022).* A bag left outdoors at an apartment complex for more than a … Continue reading

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Kansas Reflector: Kansas law enforcement routinely produces error-filled reports on seized cash and property

Kansas Reflector (via Rawstory): Kansas law enforcement routinely produces error-filled reports on seized cash and property by Duane Schrag:

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E.D.Ark.: City’s court order made clean up and removal of ptf’s property reasonable

Plaintiff was told for years to clean up his property from unsightly construction materials and equipment. After many failed efforts to get him to do so, the city obtained a court order to remove the property. It removed nine trailerloads … Continue reading

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CA3: Def’s flight before the “Rodriguez moment” was on him

“We have ‘recognized the possibility that the Rodriguez moment occurs when an officer no longer pursues the tasks tied to the traffic stop even though he reasonably could have continued with those tasks.’ Garner, 961 F.3d at 270 (citing Green, … Continue reading

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MD: Def’s DNA from a prior dismissed case admissible here

Defendant’s DNA was obtained in a 2014 case that was dismissed. The DNA from that was used to connect him to this case. The prior DNA results are not excludable just because the case went away. Hayes v. State, 2022 … Continue reading

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CA6: Suicide note created exigency for welfare check

Defendant’s alleged suicide note created exigency for warrantless entry. “Prior to Remillard’s trial, several Ohio courts had held that exigent circumstances permit a police officer’s warrantless entry into a home to conduct a wellness check on a suicidal individual if … Continue reading

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S.D.N.Y.: Two parking tickets in same day not a 4A violation

Multiple parking tickets in NYC in one day is not an unreasonable seizure under the Fourth Amendment. Nor an excessive fine under the Eighth; nor a due process violation under the Fourteenth. Torres v. City of New York, 2022 U.S. … Continue reading

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D.Ariz.: Telling def to get out of vehicle and sit on curb is seizure

“The Court concludes that the encounter transformed into a seizure only moments later, when Deputy Baptista asked Defendant to step out of the vehicle and have a seat on the curb. Although these requests were phrased as questions, they would … Continue reading

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NY2: Seizure of a shooting victim’s clothing at hospital implicates 4A

The seizure of defendant’s clothing from the hospital where he was taken after being shot was unreasonable. “The defendant had a legitimate expectation of privacy in his clothing, and the fact that the police perceived the defendant as a victim … Continue reading

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E.D.Mo.: Covid delay in 48 hour McLaughlin rule not unreasonable

A 12 hour delay past the 48 hour McLaughlin rule for a finding of probable cause was not shown to be unreasonable because of Covid delays and the temporary shutdown of the St. Louis federal courthouse for cleaning. United States … Continue reading

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S.D.Ill.: CPS seizing child from home can be a 4A claim

A governmental actor taking a child from the home is determined under the Fourth Amendment if substantive due process does not apply. Brokaw v. Mercer County, 235 F.3d 1000, 1017-18 (7th Cir. 2000). H.P. v. Kelley, 2022 U.S. Dist. LEXIS … Continue reading

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IA: PC to search a car is not per se PC to search the driver; more is needed

Probable cause to search a car under the automobile exception does not automatically give probable cause to search the person of the driver. It depends on the facts. State v. Stevens, 2022 Iowa Sup. LEXIS 13 (Feb. 18, 2022). Temporarily … Continue reading

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M.D.N.C.: Police-suspect confrontation with guns drawn is a seizure

A police car blocking defendant’s car and officers getting out with guns drawn is a seizure. Here it was with reasonable suspicion. United States v. McDonald, 2022 U.S. Dist. LEXIS 28667 (M.D.N.C. Feb. 16, 2022).* A state search warrant for … Continue reading

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S.D.N.Y.: A reasonably conducted eviction is not a 4A violation

“Most eviction-type seizures do not violate the Fourth Amendment. Thomas v. Cohen, 304 F.3d 563, 574 (6th Cir. 2002) (citing Soldal v. Cook County, 506 U.S. 56, 71, 113 S. Ct. 538, 121 L. Ed. 2d 450 (1992)). Seizing an … Continue reading

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E.D.Pa.: Tearing down plaintiff’s building was a seizure under Soldal

Tearing down plaintiff’s building was a seizure under Soldal. The record thus far precludes summary judgment. Dvortsova v. City of Philadelphia, 2022 U.S. Dist. LEXIS 23868 (E.D.Pa. Feb. 9, 2022). Defendant’s 2255 claim that defense counsel was ineffective for not … Continue reading

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CA10: Tasing a fleeing suspect is the seizure

Defendant continued to flee when he was finally Tasered. Then he was seized. United States v. Jeffers, 2022 U.S. App. LEXIS 3131 (10th Cir. Feb. 3, 2022). Plaintiff complains that inmate porters came into his prison cell and went through … Continue reading

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TX: Exclusionary rule is statutory and harmless error analysis required

The Texas exclusionary rule is statutory and not a constitutional remedy since 1922. Thus, harmless error analysis is required, and the case remanded for that. Holder v. State, 2022 Tex. Crim. App. LEXIS 72 (Feb. 2, 2022). “Accordingly, under the … Continue reading

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