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CA3: Defendant who failed to respond to officers' show of authority is not seized

By John Wesley Hall, Jr.

Defendant who fails to respond to a "show of authority" by the drawing of guns is not "seized." United States v. Waterman, 2009 U.S. App. LEXIS 10179 (3d Cir. May 12, 2009) (unpublished): Here, there was no application of physical force. The police drew their guns in a "show of authority." While this act definitely constituted a display of force, we conclude that it fell short of the force or physical contact required under Hodari D.fn5 5. Couden, 446 F.3d at 493-94 (no "seizure" when defendant flees after police draw their weapons); Valentine, 232 F.3d at 358-59 (citing Johnson, 212 F.3d at 1315 for the proposition that no "seizure" occurs when police, drawing their weapons, order a defendant to raise his hands, but he refuses); Fontenot v...continue to full post

Full post as published by Fourth Amendment on May 16, 2009 (boomark / email).