Appellate Law

CA1: cops can take your drivers? license without seizing you

By S. COTUS

US v. Ford, No. 07-2613 upholds a ruling denying a motion to suppress a gun.  Some cops leaned out the window and asked a poor person some questions and took his drivers? license.  The poor person raised his hands.  He was not represented by counsel at the time and therefore probably did something wrong.  The First say that this encounter wasn?t a seizure because the cops were just asking general questions without turning on their lights.  The First says that ?Raised hands? are a sign of protest as well. 

Anyway, taking someone?s drivers? license and running it though the computer isn?t a seizure, and conducts some balancing test which somehow always goes against poor people. 

Full post as published by Appellate Law and Practice on November 05, 2008 (boomark / email).