Direction to defendant to show hands was not responded to, so there was no submission to authority and thus no seizure. United States v. Jones, 2016 U.S. Dist. LEXIS 171988 (W.D.N.Y. Dec. 13, 2016), rejecting, 2016 U.S. Dist. LEXIS 108477 (W.D.N.Y. Aug. 16, 2016).<\/p>\n
Becoming defensive to the officer\u2019s questions and pointing to an apartment building where he said he lived, but it was his mother\u2019s apartment and refusing to identify the apartment number, along with his body language, led the officer to conclude that defendant didn\u2019t belong in the apartment complex and that could be a factor in the reasonable suspicion calculus. The officers already believed defendant was involved in gunfire in the area, and that just added to it. The USMJ\u2019s conclusion there was no reasonable suspicion is this rejected. United States v. Heard, 2016 U.S. Dist. LEXIS 176992 (N.D. Ga. Dec. 22, 2016),* rejecting R&R, 2016 U.S. Dist. LEXIS 177560 (N.D.Ga. June 15, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Direction to defendant to show hands was not responded to, so there was no submission to authority and thus no seizure. United States v. Jones, 2016 U.S. Dist. LEXIS 171988 (W.D.N.Y. Dec. 13, 2016), rejecting, 2016 U.S. Dist. LEXIS 108477 … Continue reading