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WA: Telling suspect to take hands from pockets is not a seizure

By John Wesley Hall, Jr.

Defendant was not seized when the officer was talking to him and told him to take his hands out of his pocket. He could not show defense counsel was ineffective for not raising the issue. State v. Fortun-Cebada, 2010 Wash. App. LEXIS 2386 (October 25, 2010) [WA courts website temporarily down]. Hearsay during the suppression hearing was admissible. The officers had a witness’s description of the car involved in a drug store robbery, and stopped the car. Defendant never rebutted the testimony that the search of the car was by consent. Lloyd v. Commonwealth, 2010 Ky. LEXIS 253 (October 21, 2010).* Defendant was not under arrest when he accompanied FBI agents in to talk about a crime they were investigating, and he ultimately validly confessed to sex crimes and murder...continue to full post

Full post as published by Fourth Amendment on October 27, 2010 (boomark / email).