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ID: Stopping for emergency lights is a seizure

By John Wesley Hall, Jr.

A person who stops for an officer's emergency lights has been seized. "Willoughby's actions of remaining at the scene and stepping out of his car as Officer Gillmore approached constituted submission to the officers' show of authority. Accordingly, we conclude that the trial court and district court properly concluded that Willoughby was seized for purposes of the Fourth Amendment." The court follows and quotes State v. Morris, 72 P.3d 570 (Kan. 2003): Where there is neither force nor obvious words or actions of submission, some courts have applied the Mendenhall approach without reference to Hodari. E.g., United States v. Buchanon, 72 F.3d 1217 (6th Cir. 1995). Other courts have determined that the individual's inaction, albeit passive, is a form of compliance and a submission to authority...continue to full post

Full post as published by Fourth Amendment on May 23, 2009 (boomark / email).