{"id":57501,"date":"2024-04-01T14:54:00","date_gmt":"2024-04-01T19:54:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57501"},"modified":"2024-04-02T05:42:39","modified_gmt":"2024-04-02T10:42:39","slug":"ca11-there-was-pc-to-take-defs-picture-in-public-seizure-question-moot","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57501","title":{"rendered":"CA11: There was PC to take def&#8217;s picture in public; seizure question moot"},"content":{"rendered":"\n<p>Regardless of whether defendant was seized, there was probable case to encounter him and take his picture in a public place. <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/pub\/files\/202213590.pdf\">United States v. Daniels<\/a>, 2024 U.S. App. LEXIS 7522 (11th Cir. Mar. 29, 2024).<\/p>\n\n\n\n<p>Defendant wasn\u2019t seized when he interacted with a law enforcement officer on a convenience store lot where it was all non-threatening and not coercive. Plenty of other people were around. United States v. Moten, 2024 U.S. Dist. LEXIS 55625 (S.D. Cal. Mar. 27, 2024).*<\/p>\n\n\n\n<p>This stop was justified. \u201cHere, the dash-cam video clearly shows that Garcia gave unrestricted consent to search his vehicle after he had been Mirandized and being told he could refuse to consent. Although the dash-cam reflects that at some point Garcia withdrew his consent to search, it was untimely as by then the officers had already discovered the drugs. For these reasons, the defendant&#8217;s challenge of the search is denied.\u201d United States v. Garcia, 2024 U.S. Dist. LEXIS 56789 (W.D. Wash. Mar. 28, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Regardless of whether defendant was seized, there was probable case to encounter him and take his picture in a public place. United States v. Daniels, 2024 U.S. App. LEXIS 7522 (11th Cir. Mar. 29, 2024). Defendant wasn\u2019t seized when he &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57501\">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":[24,18,69],"tags":[],"class_list":["post-57501","post","type-post","status-publish","format-standard","hentry","category-consent","category-reasonable-expectation-of-privacy","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57501","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=57501"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57501\/revisions"}],"predecessor-version":[{"id":57506,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57501\/revisions\/57506"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57501"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57501"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57501"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}