ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Federal Judiciary Blogs -> Split Circuits

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Federal Judiciary

: Split Circuits

Ninth Circuit Notes Split Re Continuing Seizure Approach

ADVERTISEMENTS
Per Torres v. City of Madera, 524 F.3d 1053 (9th Cir. May 5, 2008):

However, the Ninth Circuit employs a ?continuing seizure? rule, which provides that ?once a seizure has occurred, it continues throughout the time the arrestee is in the custody of the arresting officers.? Robins, 773 F.2d at 1010. See also Fontana v. Haskin, 262 F.3d 871, 879-880 (9th Cir.2001) (?[T]he Fourth Amendment prohibition against unreasonable search and seizure continues to apply after an arrestee is in the custody of the arresting officers.?). Because Everardo was handcuffed and placed in the back of the patrol car, where he remained when Officer Noriega fired, Everardo remained ?in the custody of the arresting officers,? and the officers' conduct continued to be governed by the Fourth Amendment.FN3

FN3. The circuits are split on this issue. Compare Wilson v. Spain, 209 F.3d 713, 715-16 (8th Cir.2000) (adopting continuing seizure approach); United States v. Johnstone, 107 F.3d 200, 206-07 (3d Cir.1997) (same); Frohmader v. Wayne, 958 F.2d 1024, 1026 (10th Cir.1992) (same); Powell v. Gardner, 891 F.2d 1039, 1044 (2d Cir.1989) (same); McDowell v. Rogers, 863 F.2d 1302, 1306 (6th Cir.1988), with Riley v. Dorton, 115 F.3d 1159, 1164 (4th Cir.1997) (rejecting ?continuing seizure? approach), and Wiley v. City of Chicago, 361 F.3d 994, 998 (7th Cir.2004) (same).

Full post as published by Split Circuits on May 30, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0024 secs (from cache 11/02/26 11:11:42)