Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Seizure occurred when defendant was ordered to put hands on car

By John Wesley Hall, Jr.

A seizure did not occur here until until defendant was ordered to put his hands on the car. A momentary detention to talk to a suspect is not a stop. United States v. Terril, 2008 U.S. Dist. LEXIS 68280 (E.D. Pa. September 9, 2008)*: Accordingly, at the earliest, the seizure of Defendant occurred when the officers ordered the three individuals to place their hands on the car, and Defendant moved to do so. Brown, 448 F.3d at 246 (recognizing that momentary compliance is not sufficient to consummate a seizure, but noting that a defendant demonstrates more than momentary compliance when he yields to an officer's authority by "turning to face [a] car and placing (or moving to place) his hands on the vehicle."); cf. United States v. Valentine, 232 F...continue to full post

Full post as published by Fourth Amendment on September 11, 2008 (boomark / email).