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OH11: Merely walking up to a parked car to talk to the driver is not a seizure

By John Wesley Hall, Jr.

Approaching a parked car to talk to the driver is not a seizure. State v. Hurtuk, 2009 Ohio 1004, 2009 Ohio App. LEXIS 821 (11th Dist. March 6, 2009).* Juvenile who saw an unmarked car and dropped a bag of marijuana as he turned as walked away was not seized when he dropped it. In re J.S., 2009 La. App. LEXIS 381 (4th Cir. February 18, 2009).* In contrast, when the defendant was encountered by police and told to show his hands, he dropped a gun, and that was a seizure without cause. Commonwealth v. Pierre, 2009 Mass. LEXIS 34 (March 12, 2009).* Defense counsel was not ineffective because defendant's search was justified as a probation search after officers learned he was involved in a meth ring. State v. Adkins, 2009 MT 71, 2009 Mont. LEXIS 75 (March 10, 2009)...continue to full post

Full post as published by Fourth Amendment on March 16, 2009 (boomark / email).