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E.D. N.Y.: Touching defendant to direct his movements communicated he was not free to leave

By John Wesley Hall, Jr.

Touching the defendant's elbow to direct and turn the defendant was a seizure because his movement was controlled and impeded. United States v. Bellamy, 2009 U.S. Dist. LEXIS 3787 (E.D. N.Y. January 9, 2009): Certainly, Bellamy's movement was impeded when Officer Ianno took him "by the elbow," turned him around so that his back was facing the officers, and led him up the ramp to the entrance of the Buckingham building. (Tr. 23-26.) Thus, Officer Ianno exerted "physical force" over, and maintained physical contact with, Bellamy. Moreover, both officers restrained Bellamy's liberty by directing him, rather than merely requesting that he move, up the ramp. Bostick, 501 U.S. at 434; Mendenhall, 446 U.S. at 554; see also United States v. Lee, 916 F...continue to full post

Full post as published by Fourth Amendment on January 25, 2009 (boomark / email).