Defendant wasn\u2019t seized because he fled. Even if the officer was reasonably mistaken, there was probable cause. United States v. Allen, 2025 U.S. Dist. LEXIS 250882 (S.D. Ga. Nov. 3, 2025)*:<\/p>\n\n\n\n\n\n\n\n
From the moment Payne made his verbal command to Allen, Allen did nothing that would dispel Payne’s reasonable suspicion. In fact, Allen’s subsequent conduct only heightened Payne’s quantum of suspicion. Payne could not recall the exact substance of his communication to Allen and there is no bodycam or dashcam footage available to resolve this factual uncertainty. \u2026 If Payne did give a proper lawful command when he spoke to Allen, Allen’s flight undoubtedly gave rise to probable cause of conduct in violation of Georgia’s obstruction statute, O.C.G.A. \u00a7 16-10-24. \u2026<\/p>\n\n\n\n
Even if Payne did not give a lawful command, he mistakenly but reasonably believed that he did, so Allen’s flight still gives rise to a finding of probable cause. His mistake would be reasonable because he clearly testified that he intended to detain Allen regardless of how he responded to his initial verbal communication and, in the absence of any evidence to the contrary, it is reasonable to believe that one’s words convey the speaker’s intent. \u2026<\/p>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant wasn\u2019t seized because he fled. Even if the officer was reasonably mistaken, there was probable cause. United States v. Allen, 2025 U.S. Dist. LEXIS 250882 (S.D. Ga. Nov. 3, 2025)*:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20,35],"tags":[],"class_list":["post-62420","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62420","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=62420"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62420\/revisions"}],"predecessor-version":[{"id":62421,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62420\/revisions\/62421"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62420"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62420"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62420"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}