Category Archives: Seizure

W.D.Ky.: Search warrant affiant’s reference to water emoji wasn’t false or misleading; it here referred to meth, not sex

Defendant’s Franks motion fails. Defendants’ use of a water emoji could have been a reference to sex, but it could also be a reference to methamphetamine, as has come up in police training and in other cases such as United … Continue reading

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E.D.N.Y.: Village’s Scofflaw law permitting seizure of vehicles for nonpayment of parking tickets violates lessor owner’s 4A rights in vehicle

The plaintiff Toyota Lease Trust owns vehicles it leases to individuals. One of plaintiff’s lessees ran up $1000 in unpaid parking tickets and the Village of Freeport seized the vehicle under its Scofflaw law. The seizure violated the owner’s Fourth … Continue reading

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M.D.Pa.: Refusal to show hands when ordered shows no seizure

Defendant’s refusal to show his hands when ordered to by the officer was not a seizure. United States v. Garner, 2023 U.S. Dist. LEXIS 5400 (M.D. Pa. Jan. 11, 2023).* Defendant’s stop was justified and it escalated to reasonable suspicion … Continue reading

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CA8: An attempted arrest isn’t a seizure, even without PC

“However, an attempted arrest alone, even if unsupported by probable cause, is insufficient to invoke Fourth Amendment protections against unreasonable seizures. See Hodari D., 499 U.S. at 626 (‘The word “seizure” … does not remotely apply … to the prospect … Continue reading

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Cal.: Officer spotlighting a parked car and then approaching isn’t necessarily a seizure

“A sheriff’s deputy patrolling after dark saw three people sitting in a legally parked car in a residential neighborhood, smoking something. He pulled up behind the car, illuminated it with a spotlight, and approached on foot. We granted review to … Continue reading

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NY Monroe Co.: Parts of NY red flag law may violate 2A and 4A

Parts of the NY red flag law concern the court. A taking of firearms should be based on a mental health professional’s assessment of danger to protect both Second and Fourth Amendment rights and procedural rights. G.W. v. C.N., 2022 … Continue reading

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CA8: “[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under 4A

“[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under the Fourth Amendment. United States v. Becker, 2022 U.S. App. LEXIS 35626 (8th Cir. Dec. 27, 2022). … Continue reading

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OH8: Calling for drug dog after warning ticket issued unreasonably extended stop

“Regardless, Officer Ashenfelter acknowledged that the traffic violation investigation was completed at 11:10. He called for the canine unit at 11:12, and the canine unit arrived at 11:18 a.m. [¶] Thus, the evidence reflects that the officer, after completing his … Continue reading

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S.D.N.Y.: The SW was as particular as the information officers had would allow

“In this case, by contrast, there is no indication that law enforcement had a wealth of detailed information that was not reflected in the search warrant. The Premises Warrant was not required to provide more details regarding the specific electronic … Continue reading

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NY Daily News: NYPD settles lawsuit over unconstitutional warrant checks

NY Daily News: NYPD settles lawsuit over unconstitutional warrant checks (“Conducting a warrant check on someone without sufficient cause violates a person’s fourth amendment rights, civil rights attorneys say.”) WaPo: NYPD ends tactic of prolonging stops to check for warrants … Continue reading

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S.D.Ind.: Forced Covid test didn’t violate 4A

Requiring plaintiff, who said he was positive for Covid-19, be tested before putting him in hospital was reasonable under the Fourth Amendment. It’s less intrusive than swabbing for DNA. Alternatively, qualified immunity applies. Mercado v. Columbus Reg’l Hosp., 2022 U.S. … Continue reading

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MN: “Deer-in-the-headlights” look is a factor in RS

“But statements about a deer-in-the-headlights facial expression are commonplace in caselaw assessing whether a police officer has articulable, reasonable suspicion to justify a stop under the Fourth Amendment. There are over a dozen federal appellate decisions, including an opinion from … Continue reading

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OR: Holding def’s ID for 30 minutes for no apparent reason was a seizure without RS

Retaining defendant’s ID for 30 minutes before even thinking about questioning his identity was a seizure without reasonable suspicion. State v. Orman, 322 Or. App. 707, 2022 Ore. App. LEXIS 1479 (Nov. 16, 2022). Defendant was not seized when he … Continue reading

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CA6: City’s order closing hotel ptfs lived in didn’t violate 4A

Plaintiffs’ Fourth Amendment rights weren’t violated by the city’s order closing the motel they lived in because it was uninhabitable. There was a limited time they were without their personal property, but they were shortly allowed access to retrieve things. … Continue reading

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D.N.J.: Encountering 4 officers at landing on stairs who wouldn’t let him pass was a seizure

Defendant encountered four officers standing on a landing, and they impeded his movements. This amounted to a seizure. United States v. Jackson, 2022 U.S. Dist. LEXIS 194856 (D.N.J. Oct. 26, 2022). Mistaken identity on the person being seized is usually … Continue reading

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NC: Whether def was seized was what she could only believe

Defendant claimed she was lost and was stopped by police, blocking her exit. [Oversolicitously,] the court opines the officer probably thought he did nothing wrong but this was a seizure in defendant’s mind, and it was without reasonable suspicion. No … Continue reading

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M.D.Pa.: 14 yo kidnapping victim’s 911 call created exigency for def’s cell phone seizure

A 14-year-old kidnapping victim called 911 that she was taken three days earlier, and defendant was finally detained as a result. His phone was seized and a warrant obtained. The seizure of the warrant was reasonable based on all the … Continue reading

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E.D.Pa.: Searching administratively impounded taxi states 4A claim

Plaintiff states a claim against the Philadelphia Parking Authority for detaining his temporarily impounded taxi for a later search without justification. Mbagwu v. PPA Taxi & Limousine Div., 2022 U.S. Dist. LEXIS 167790 (E.D. Pa. Sep. 16, 2022). A cross-sex … Continue reading

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D.Ariz.: Following for 30 miles not a seizure

Following defendant for 30 miles is not a seizure. Finally, there was a consensual encounter. The R&R found it not; the USDJ disagrees. United States v. Ramos, 2022 U.S. Dist. LEXIS 166913 (D. Ariz. Sep. 14, 2022).* 2½ months isn’t … Continue reading

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S.D.N.Y.: Warrantless seizure of a vehicle to pay fines violates 4A and 14A

The warrantless seizure of a vehicle because of owed fines violates the Fourth and Fourteenth Amendments. Santander Consumer USA, Inc. v. City of Yonkers, 2022 U.S. Dist. LEXIS 164416 (S.D.N.Y. Sep. 12, 2022). Pretrial detainees also have no reasonable expectation … Continue reading

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