Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment
OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Criminal Law
: Fourth AmendmentN.D.Ind.: Being asked out of the car is permissible under Mimms, and it is not a separate seizure
By John Wesley Hall, Jr.
ADVERTISEMENTS
Where defendant was admittedly lawfully stopped for speeding, being “asked” out of the car was not a separate seizure requiring more cause. It was valid under Mimms. United States v. McChesney, 2009 U.S. Dist. LEXIS 112197 (N.D. Ind. December 2, 2009):
The Defendant argues that Officer Hatfield impermissibly started a new seizure by asking him to exit the vehicle and commencing an investigation that was unrelated to the traffic stop. In other words, the Defendant asks the Court to break up the encounter into two or more different seizures, and apply a separate analysis to each. However, the Seventh Circuit has rejected this sort of multiple seizure analysis in favor of an overarching analysis that takes into account the traffic stop as a whole...continue to full postFull post as published by Fourth Amendment on December 06, 2009 (boomark / email).
Related Searches
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.

Senator Kennedy Suffers Seizure: What Happens When a Senator is Incapacitated
New Article Spotlight: Correcting Search and Seizure History
Kentucky Domain Seizure Craps Out
"Permissible Assaults Cited in Graphic Detail; Drugging Detainees Is Among Techniques"
Can Enclosure go at the top of a letter








