{"id":33003,"date":"2018-05-09T08:27:36","date_gmt":"2018-05-09T13:27:36","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33003"},"modified":"2018-05-09T08:27:36","modified_gmt":"2018-05-09T13:27:36","slug":"ca9-being-detained-and-then-moved-with-hands-briefly-behind-back-wasnt-an-arrest","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33003","title":{"rendered":"CA9: Being detained and then moved with hands briefly behind back wasn&#8217;t an arrest"},"content":{"rendered":"<p>Defendant\u2019s brief detention and moving him from a public area to a private area was not a seizure, even though his hands were held behind his back as he walked. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2018\/05\/07\/16-50496.pdf\">United States v. Torres<\/a>, 2018 U.S. App. LEXIS 11897 (9th Cir. May 7, 2018).<\/p>\n<p>\u201cHere, the transcript of the suppression hearing is devoid of any specter of coercion, threat, or force.\u201d Consent was voluntary on the totality. United States v. Frye, 2018 U.S. Dist. LEXIS 76242 (W.D. N.Y. May 4, 2018).*<\/p>\n<p>Defendant\u2019s post-conviction claim challenging his search and seizure is barred by Stone v. Powell and his opportunity to litigate in the state courts. COA denied. Quintana v. Hansen, 2018 U.S. App. LEXIS 11848 (10th Cir. May 7, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s brief detention and moving him from a public area to a private area was not a seizure, even though his hands were held behind his back as he walked. United States v. Torres, 2018 U.S. App. LEXIS 11897 (9th &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=33003\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,24,69],"tags":[],"class_list":["post-33003","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-consent","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33003","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=33003"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33003\/revisions"}],"predecessor-version":[{"id":33004,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33003\/revisions\/33004"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33003"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33003"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33003"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}