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Criminal Law

: Fourth Amendment

D.Utah: Tackling a suspect is a seizure

By John Wesley Hall, Jr.

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Tackling is a seizure. Here, it was with reasonable suspicion. United States v. Guardado, 2011 U.S. Dist. LEXIS 30973 (D. Utah March 22, 2011).* The police did not violate the terms of an anticipatory warrant by waiting two hours to execute the warrant. The box had been delivered to the house and had not been opened (according to its signal), and defendant was seen leaving the house without it, so it was reasonable to conclude the package was still there. United States v. Lawson, 2011 U.S. Dist. LEXIS 30948 (D. Alaska March 22, 2011).* Defendants first motion to suppress argued that officers had her lift her shirt to reveal drugs, but she amended the motion to say that the drugs fell out when she got out of the car. The court finds probable cause for the stop of the car...continue to full post

Full post as published by Fourth Amendment on March 28, 2011 (boomark / email).

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