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D.Utah: Telling defendant he was free to go then not letting him was a seizure

By John Wesley Hall, Jr.

Officer after a traffic stop told the defendant that he was “good to go,” and then tried to engage the defendant in further conversation, which the defendant refused to consent to. Because defendant did not consent, the stop was unreasonably extended without reasonable suspicion. United States v. Flores-Loza, 2010 U.S. Dist. LEXIS 1934 (D. Utah January 11, 2010).* Apartment security’s armed guard detained defendants with reasonable suspicion of breaking into cars on the parking lot, and he called 911 to get the police there. The police had reasonable suspicion when they got there. United States v. McHugh, 2010 U.S. Dist. LEXIS 1960 (N.D. Okla. January 11, 2010).* Officer pulled up behind defendant’s car but did not stop him...continue to full post

Full post as published by Fourth Amendment on January 15, 2010 (boomark / email).