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Criminal Law

: Fourth Amendment

FL3: One officer blocking defendant's car and another hurriedly approaching on foot was a seizure

By John Wesley Hall, Jr.

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The Key West PD got a phone call about a drug dealer in a car. Defendant was approached by four officers in the dark in a manner that indicated an investigatory stop was taking place. One officer drove his patrol car the wrong way on a one-way street and parked the car directly in front of defendant, pointing the car’s spotlight on him and the woman he was with. Another officer approached defendant on foot in a manner that indicated a sense of urgency. That method of approach and show of authority were akin to the threatening presence of several officers, and this was a Fourth Amendment seizure. Hill v. State, 2010 Fla. App. LEXIS 9560 (3d DCA June 30, 2010).* Defendant’s speeding stop led to reasonable suspicion of DUI. State v...continue to full post

Full post as published by Fourth Amendment on July 02, 2010 (boomark / email).

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