Criminal Law
: Fourth AmendmentD.Neb.: Seizure of defendant's bag off a bus was seizure of the person without reasonable suspicion
By John Wesley Hall, Jr. (all)
Seizure of defendant's luggage off an bus was an interference with his freedom of movement and was a seizure of the person. United States v. Alvarez-Manzo, 2008 U.S. Dist. LEXIS 55662 (D. Neb. July 3, 2008): With respect to the first factor the evidence supports the defendant's contention that the officers detention of the luggage significantly impacted the defendant's freedom of movement. At the time the officers entered the bus with Alvarez-Manzo's luggage, the bus was preparing to depart. The officers boarded the bus and announced that they were looking for the owner of certain luggage. Alvarez-Manzo was not free to leave the bus, for to do so, he would have had to leave the luggage with the officers and would have risked missing the next leg of his journey...continue to full post
Full post as published by Fourth Amendment on July 26, 2008 (boomark / email).
Flashing lights mean stop [NOT FINAL]
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CRIMINAL: Search and seizure investigatory stop of known drug trafficker approaching vehicle in middle of road at night and in high crime area was based upon reasonable articulable suspicion: MORRIS V. COM. (COA 8/15/2008)
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