MA: Asking def what was in his mouth was a seizure without RS (it was a baggie of crack)

Officers encountered defendant on the street. He mumbled when he talked to them, and they asked what was in his mouth. That became a seizure. “We conclude that a reasonable person would not have felt free to terminate the encounter, at the latest, when Officer Dodd asked the defendant what was in his mouth. The encounter took place while the defendant was walking alone in the dark early hours of the morning.” It was cocaine in a baggy. Commonwealth v. Evans, 2015 Mass. App. LEXIS 86 (July 31, 2015).

Plaintiff’s complaint against the VA for a Fourth Amendment violation for the way he was dealt with there is not within the jurisdiction of the Court of Federal Claims. Veasey v. United States, 2015 U.S. Claims LEXIS 977 (July 30, 2015).*

Smoking marijuana on an interstate bus is probable cause for a seizure. The bus was at a rest stop at a convenience store. United States v. Battle, 2015 U.S. Dist. LEXIS 100032 (W.D.Okla. July 31, 2015).*