{"id":9758,"date":"2013-11-10T12:53:24","date_gmt":"2013-11-09T00:19:54","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-11-08T16:12:50","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9758","title":{"rendered":"NM: Telling defendant to get out of the car was a seizure without RS"},"content":{"rendered":"<p>Officers on bike patrol in Albuquerque saw a car on an apartment building parking lot with three men in it, so they approached to inquire. An abrupt movement of one of them made the first officer say \u201cget out of the car,\u201d and they did. This was a stop without reasonable suspicion and defendant surely didn\u2019t feel free to leave. <a href=\"http:\/\/www.nmcompcomm.us\/nmcases\/nmca\/slips\/CA31,253.pdf\">State v. Murry<\/a>, 2013 N.M. App. LEXIS 116 (November 6, 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>{28} It is clear from the circumstances that a reasonable person in Defendant&#8217;s position would not have felt free to leave. By remaining in the vehicle until Officer Rice asked her to get out, Defendant submitted to the officers&#8217; assertion of authority. Relying on Williams, 2006-NMCA-062, \u00b6 17, that &#8220;[i]t would be incongruous for us to hold that the Fourth Amendment provides greater protections for an individual in a moving vehicle than it provides for an individual in a nonmoving vehicle[,]&#8221; we hold that Defendant was seized for purposes of the Fourth Amendment when the two uniformed police officers approached the vehicle and immediately ordered the driver to open his door.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9758\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-9758","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9758","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9758"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9758\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9758"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9758"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9758"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}