When confronted by the police, defendant hesitated and then bolted. His hesitation wasn\u2019t a seizure. United States v. Brown, 2013 U.S. Dist. LEXIS 17246 (E.D. Mich. February 8, 2013):<\/p>\n
fn2 To the extent there was any momentary hesitation by Defendant after he was ordered to put his hands on the hood of Van Buskirk’s cruiser, before he took off running, such hesitation would be insufficient to transform the encounter into a Fourth Amendment seizure. See United States v. Hernandez, 27 F.3d 1403, 1405, 1407 (9th Cir. 1994) (“We decline to adopt a rule whereby momentary hesitation and direct eye contact prior to flight constitute submission to a show of authority. Such a rule would encourage suspects to flee after the slightest contact with an officer in order to discard evidence, and yet still maintain Fourth Amendment protections.”).<\/p><\/blockquote>\n
Such a rule could never be judicially enforced. We\u2019d be arguing over whether a hesitation was one second or five and whether one was enough.<\/p>\n","protected":false},"excerpt":{"rendered":"
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