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KY: Directing a motorist to move to a police car, expecting compliance, is a seizure

By John Wesley Hall, Jr.

Directing a motorist to move away from a vehicle and over to the police vehicle in such a way as to express a requirement of compliance is a seizure. Strange v. Commonwealth, 2008 Ky. LEXIS 284 (November 26, 2008).* Defendant proved that he was a guest and had standing to contest a search of the apartment he was visiting. He had spent two or three nights there, had a key, and had stuff there when the entry occurred. His cocaine conviction is reversed, but his assault of the officers is not. State v. Keith, 2008 Ohio 6122, 2008 Ohio App. LEXIS 5115 (10th Dist. November 25, 2008).* Officers who had a 911 report that the decedent was mental ill and was a danger to himself or others, verified at the scene, had qualified immunity from suit for their entry and re-entry into the premises, establishing a perimeter around the premises (not itself a seizure), and seizure of the premises...continue to full post

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