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Defendant ignoring valid request to stop reaching to the floor of car was not seized until officer pulled gun on him

By John Wesley Hall, Jr.

Defendant who ignored three requests to stop reaching to the floorboard and to put his hands where the officer could see them, and the officer on the third time pulled his gun on the defendant was not seized until the gun was pulled and he was ordered out of the car, not the first request he ignored. He did not acquiesce to lawful authority. Jones v. Commonwealth, 2008 Va. App. LEXIS 410 (August 26, 2008).* Defendant had an expectation of privacy in a laundry hamper in the back seat of the car (although suggesting the expectation would be stronger if it were in the trunk, rather than under her watchful eye). United States v. Villa, 2008 U.S. Dist. LEXIS 65116 (D. Kan. July 30, 2008).*

Full post as published by Fourth Amendment on August 28, 2008 (boomark / email).