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OR: Direction to defendant to stand in a particular place showed he was not free to leave

By John Wesley Hall, Jr.

Defendant was stopped and the officer told the defendant to stand in a particular place while the information was run. That was a seizure. He was on probation, and he believed he was being investigated. State v. Zaccone, 2010 Ore. App. LEXIS 256 (March 10, 2010).* Defendant was subjected to a pre-Gant search incident that violated Gant. The state concedes error, and the case is remanded [even though the defendant did not challenge the search]. State v. Burnett, 2010 Wash. App. LEXIS 362 (February 23, 2010).* That same day, the same court held that a search claim was waived by not filing a motion to suppress. State v. Nyegaard, 2010 Wash. App. LEXIS 363 (February 23, 2010).* When defendant was talking to the officer, his wallet was open in his hand...continue to full post

Full post as published by Fourth Amendment on March 14, 2010 (boomark / email).