This was a show of authority: \u201cWith the emergency lights activated, each officer exited the vehicle and yelled, \u2018Let me see your hands\u2019 and quickly approached Mr. Mitchell. Officer Phillip had a hand on her firearm while doing so. Officers Phillip and Pantaleon’s conduct constituted a show of authority sufficient for a seizure because any innocent, reasonable person in Mr. Mitchell’s position would believe that compliance with the officers’ commands under those circumstances was required and not subject to being merely disregarded. Michigan v. Chesternut, 486 U.S. 567, 574, 108 S. Ct. 1975, 100 L. Ed. 2d 565 (1988) (explaining that the reasonable person standard, in the context of a seizure \u2018does not vary with the state of mind of the particular individual being approached\u2019).\u201d Mitchell v. United States, 2024 D.C. App. LEXIS 181 (May 9, 2024).*<\/p>\n\n\n\n
HSI and NCIS had a search warrant for an early morning child pornography search. Defendant was explicitly told he was not being arrested, and he was not \u201cin custody\u201d for Miranda purposes when he made a statement. United States v. Cunningham, 2024 CCA LEXIS 182 (N-M Ct. Crim. App. May 8, 2024).*<\/p>\n\n\n\n
Defendant arrived in Chicago on a flight from Italy, and his cell phone was taken and validly border searched. United States v. Didani, 2024 U.S. Dist. LEXIS 83897 (E.D. Mich. May 8, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
This was a show of authority: \u201cWith the emergency lights activated, each officer exited the vehicle and yelled, \u2018Let me see your hands\u2019 and quickly approached Mr. Mitchell. Officer Phillip had a hand on her firearm while doing so. Officers … Continue reading