{"id":46834,"date":"2021-01-13T08:51:23","date_gmt":"2021-01-13T13:51:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46834"},"modified":"2021-01-13T08:51:23","modified_gmt":"2021-01-13T13:51:23","slug":"ca8-direction-to-stay-in-car-during-a-traffic-stop-wasnt-a-seizure","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46834","title":{"rendered":"CA8: Direction to stay in car during a traffic stop wasn&#8217;t a seizure"},"content":{"rendered":"\n<p>Direction to defendant to stay in his car during a stop was not a separate seizure. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/21\/01\/192405P.pdf\">United States v. Warren<\/a>, 2021 U.S. App. LEXIS 701 (8th Cir. Jan. 12, 2021).<\/p>\n\n\n\n<p>There was probable cause for defendant\u2019s arrest. Officers bought drugs from him two months earlier but didn\u2019t get the name. He surfaced again, and more cause developed. \u201c Thus, if probable cause existed to believe that McIntosh-Figueroa had committed a crime, it does not matter whether his detention may have exceeded Terry&#8217;s limits. Additionally, if probable cause exists, then an officer&#8217;s subjective intent to effect a more limited Terry-style detention is immaterial: \u2018[T]he fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer&#8217;s action does not invalidate the action taken as long as the circumstances, viewed objectively, justify that action.\u2019 Devenpeck v. Alford, 543 U.S. 146, 153 (2004) (quoting Whren v. United States, 517 U.S. 806, 813 (1996)).\u201d United States v. McIntosh-Figueroa, 2021 U.S. Dist. LEXIS 5152 (D. Me. Jan. 12, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Direction to defendant to stay in his car during a stop was not a separate seizure. United States v. Warren, 2021 U.S. App. LEXIS 701 (8th Cir. Jan. 12, 2021). There was probable cause for defendant\u2019s arrest. Officers bought drugs &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46834\">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":[20,69],"tags":[],"class_list":["post-46834","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46834","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=46834"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46834\/revisions"}],"predecessor-version":[{"id":46835,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46834\/revisions\/46835"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46834"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46834"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46834"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}