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CA10: Getting in car with suspect and ordering her to drive was a seizure, here without RS

By John Wesley Hall, Jr.

Getting in the defendant’s wife’s car with her without reasonable suspicion and have her drive to where the police were conducting their surveillance was a seizure. They used her to get consent to search their house. The district court clearly erred in finding attenuation between her detention and the consent, and the motion to suppress should have been granted. United States v. Fox, 2010 U.S. App. LEXIS 5804 (10th Cir. March 22, 2010).* The CI’s story was sufficiently corroborated here by innocent details that the defendant’s car was being followed by two others. The CI had provided useful information in the past. United States v. Pineda, 2010 U.S. App. LEXIS 5812 (11th Cir. March 22, 2010) (unpublished).* The initial illegal search was independent of the decision to seek a search warrant, and there was sufficient independent probable cause to support it...continue to full post

Full post as published by Fourth Amendment on March 23, 2010 (boomark / email).