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Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle
Loaded on Dec. 15, 2023
by Douglas Ankney
published in Criminal Legal News
December, 2023, page 38
Filed under:
Search and Seizure,
Searches - Automobile,
Seizure,
Freedom of Movement,
Traffic Stops.
Location:
Texas.
by Douglas Ankney
The U.S. Court of Appeals for the Fifth Circuit held that a Fourth Amendment seizure occurred when an officer, with emergency lights activated, pulled in behind Jacob Boone Wright’s vehicle and almost simultaneously ordered him to remain in his car to which Wright sufficiently complied.
Officer Jakobsohn ...
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More from this issue:
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, by Casey Bastian
- Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records, by Benjamin Tschirhart
- Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire, by Jo Ellen Nott
- Eleventh Circuit Announces Defendant May Not Be Sentenced to Home Confinement for Violating Terms of Supervised Release When Sentenced to Statutory Maximum Period of Imprisonment for the Violation, by Douglas Ankney
- CBP Promises Not to Buy Location Data – But Is It a Hollow Promise?, by Michael Thompson
- Use of Forensic Genetic Genealogy Searches to Identify Suspects Needs Regulation and Can Be Challenged, by Matthew Clarke
- Chicago Cop Lied So Many Times Under Oath That Prosecutors Are Dismissing Cases That Relied on His Testimony, by Jordan Arizmendi
- Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, by Richard Resch
- Report Finds Effective Text Message Reminders Can Reduce Community Supervision Violations, by Jordan Arizmendi
- Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes, by Douglas Ankney
- First Circuit: Justification for Upward Sentencing Departure Following Supervised Release Revocation Must Be Ade-quately Explained, by Matthew Clarke
- Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing, by David Reutter
- Indiana Supreme Court Reverses Involuntary Manslaughter Conviction Where Trial Court Denied Defense Counsel Opportunity to Directly Voir Dire Prospective Jurors, by Douglas Ankney
- We the Targeted: How the Government Weaponizes Surveillance to Silence its Critics 2372, by Nisha Whitehead, John W. Whitehead
- Fourth Circuit: Disparate Sentence of 30 Years for Two § 924(c) Convictions Constitutes ‘Extraordinary and Compelling Reason’ for Early Release and § 3553(a) Sentencing Factors ‘Overwhelmingly’ Favor Sentence Reduction, by Douglas Ankney
- Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice, by Anthony Accurso
- New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors, by Anthony Accurso
- Fourth Circuit Reverses § 924(c) Conviction Because Kidnapping No Longer Qualifies as Predicate Offense and ‘Critical Record Documents’ Do Not Show Firearm Charge Was ‘Expressly Predicated Upon’ Any Other Offense, by Douglas Ankney
- New York Court Rules Police Allowed to Use Familial DNA Searches, by Jordan Arizmendi
- Texas Using Highly Sophisticated Israeli Phone Tracking Software, by Jo Ellen Nott
- ‘Criminal Courteaucracy’: Understanding the Unique Role of Criminal Court Administrators in Implementing Social Con-troll, by David Reutter
- Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle, by Douglas Ankney
- The EFF Is Tackling Border Towers, Facilitating Research into Impact of Mass Surveillance, by Anthony Accurso
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, by Matthew Clarke
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- Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion, by David Reutter
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- News in Brief
More from Douglas Ankney:
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- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, July 15, 2024
- New NIJ-Funded Website Assists Forensic Practitioners Estimate Age of Unidentified Skeletal Remains of Infants and Teens Based on Dental Data, July 15, 2024
- Minnesota Supreme Court Announces Good-Faith Exception to Exclusionary Rule Under State Constitution Does Not Apply to Search and Arrest Based on Quashed Warrant That Appears Active Due to Clerical Error by Court Administration, July 15, 2024
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024
- Tennessee Supreme Court Announces Prospective Abrogation of Common Law Accomplice-Corroboration Rule, July 15, 2024
- Prosecutors Receive Absurdly Lenient Sentence of Probation for Brady Violation That Resulted in an Innocent Man Spending More Than Four Years in Prison, July 15, 2024
- Rethink Googling That Video of Big Bird Teaching Your Child the Letter ‘B’—You Might Be Caught in a Federal Dragnet, July 15, 2024
- Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, July 15, 2024
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, July 1, 2024
More from these topics:
- California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, May 15, 2024. Traffic stop, State Constitutional Claims, Pretextual Stops, Traffic Stops.
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, April 15, 2024. Drug-Sniffing Dog, Traffic Stops.
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024. Traffic stop, Seizure, Freedom of Movement, Traffic Stops.
- North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle, March 15, 2024. Automobile Exception, Searches - Inventory, Automobile Searches/Seizures, Immediate Control, Searches - Automobile, Arrest - Search Incident to, Illegal Search.
- Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception, Feb. 15, 2024. Probable/Proximate Cause, Searches - Automobile.
- Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby, Feb. 15, 2024. Third-party Consent, Searches - Automobile, Rental; Cars, Privacy Right, Third Party Consent.
- Idaho Supreme Court Announces Adoption of ‘Primary Purpose’ Standard for Reviewing Police Decision to Impound Vehicles and Conduct Inventory Search to Prevent Pretextual Searches in Violation of Fourth Amendment, Feb. 15, 2024. Searches - Inventory, Searches - Automobile, Pretextual Stops.
- Car Culture Dramatically Increases Number of Cop Confrontations, Feb. 15, 2024. Commentary/Reviews, Searches - Automobile.
- Connecticut Lawmakers Punt on Limiting Prison Strip Searches, Nov. 15, 2023. Strip Searches, Body Cavity Searches, Pat Searches, Search and Seizure.
- Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina, Nov. 15, 2023. Gender Discrimination -- Men, Medical, Fifth Amendment, Search and Seizure, Civil Rights Actions or Offenses/Bivens Actions.