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An officer merely stepping out of a police car is not a seizure without more

By John Wesley Hall, Jr.

An officer stepping out of a police car that had not made a "stop" is not a seizure. Abandonment and flight before seizure makes the stuff dropped admissible. United States v. Golson, 2008 U.S. Dist. LEXIS 96553 (E.D. Pa. November 21, 2008).* Record does not support defendant's claim he would be held until a search warrant arrived. United States v. Bernier, 2008 U.S. Dist. LEXIS 96642 (D. Me. November 3, 2008).* Exigent circumstances for a warrantless entry to arrest here was a disputed fact, so summary judgment was denied on this claim. Rivera v. Leto, 2008 U.S. Dist. LEXIS 96680 (S.D. N.Y. November 25, 2008).*

Full post as published by Fourth Amendment on November 30, 2008 (boomark / email).