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"Hold up" and "I need to talk to you for a second" in a non-aggressive manner is not a seizure

By John Wesley Hall, Jr.

There was no police show of authority until after defendant's attempted flight. "The officer's actions in stepping towards Defendant and his use of the phrases 'hold up' and 'I need to talk to you for a second,' especially when spoken in an ordinary and non-aggressive manner, do not rise to the level of a show of authority as a matter of law." United States v. Dupree, 2008 U.S. Dist. LEXIS 48775 (E.D. Pa. June 24, 2008).* Defendant was stopped for running a stop sign, and his driving on a suspended license justified his arrest on inventory of his vehicle. State v. Whitfield, 2008 Ohio 3150, 2008 Ohio App. LEXIS 2672 (8th Dist. June 26, 2008).* Trial court found consent from disputed facts from defendant's girlfriend to use a key illegally seized during a patdown to consent to a search of the lockbox it was belonged to...continue to full post

Full post as published by Fourth Amendment on July 01, 2008 (boomark / email).