seizure

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Warrantless Stops 101: Did a Seizure Occur?

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Sorting out Fourth Amendment issues in the context of warrantless stops can be tricky. I like to break the case down into five basic questions:

  1. Did a seizure occur?
  2. If so and it was a stop, was it supported by reasonable suspicion or other valid basis?
  3. If reasonable suspicion supported the stop, was the officer’s subsequent conduct sufficiently limited in scope?
  4. If the seizure was an arrest, was it supported by probable cause?
  5. If the arrest was supported by probable cause, was the search permissible

This flowchart illustrates the analysis:

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Three-Time Felon Charged with Gun Possession Loses Second Amendment Argument

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This week, the court of appeals decided State v. Price, an interesting gun rights and Fourth Amendment case. Facts. The defendant was standing in a forest, near a deer stand, holding a rifle, in full camouflage, when a wildlife officer approached him. The officer asked the defendant for his hunting license, under the license check … Read more

Seizure by Blocking One’s Path

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The line between a consensual encounter and a seizure can be blurry. Generally, there is no seizure when an officer simply approaches a person and asks the person a question. But there is a seizure when an officer approaches a person with a show of authority that would make a reasonable person feel that he … Read more

Is the Use of a Blue Light a Show of Authority?

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Today, the court of appeals decided State v. Baker.  Baker explains when a trial judge is required to make findings of fact when hearing a motion to suppress, and it raises what I think is an interesting search and seizure issue. The facts were as follows.  An officer was on patrol near a nursing facility … Read more

Reasonable Suspicion Arising After An Officer’s Order to Stop

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Normally, a law enforcement officer will attempt to develop reasonable suspicion before instructing a person to stop. But what if the officer does not have reasonable suspicion at that point, yet develops reasonable suspicion prior to the suspect’s compliance with the officer’s instruction? For example, suppose that an officer sees a vehicle weaving within its … Read more