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Criminal Law

: Fourth Amendment

D. Minn.: A second stop is not per se a seizure

By John Wesley Hall, Jr.

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First stop was on a bus, and a second stop occurred. The second stop is not per se an unreasonable seizure. United States v. Richards, 2009 U.S. Dist. LEXIS 35549 (D. Minn. April 23, 2009): The mere fact that a law enforcement officer initiates a second encounter with a defendant after the initial encounter had been terminated, does not in itself render the second encounter a seizure. See United States v. Mendieta-Garza, 254 F. App'x 307, 314 (5th Cir. 2007) (holding, in a bus interdiction case, that the fact that a law enforcement officer initiated a second encounter after a first encounter had been terminated did not in itself necessitate a finding that the second encounter constituted a seizure); United States v. Ricardo, 472 F.3d 277, 283-84 (5th Cir...continue to full post

Full post as published by Fourth Amendment on April 30, 2009 (boomark / email).

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