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N.D.Ind.: Being asked out of the car is permissible under Mimms, and it is not a separate seizure

By John Wesley Hall, Jr.

Where defendant was admittedly lawfully stopped for speeding, being “asked” out of the car was not a separate seizure requiring more cause. It was valid under Mimms. United States v. McChesney, 2009 U.S. Dist. LEXIS 112197 (N.D. Ind. December 2, 2009): The Defendant argues that Officer Hatfield impermissibly started a new seizure by asking him to exit the vehicle and commencing an investigation that was unrelated to the traffic stop. In other words, the Defendant asks the Court to break up the encounter into two or more different seizures, and apply a separate analysis to each. However, the Seventh Circuit has rejected this sort of multiple seizure analysis in favor of an overarching analysis that takes into account the traffic stop as a whole...continue to full post

Full post as published by Fourth Amendment on December 06, 2009 (boomark / email).