United States v. Bennie Demetrius Washington

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the fact that the officer, who had unlawfully seized the defendant, was on a “fishing expedition” for illegal evidence demonstrated the purpose and flagrancy of officer misconduct
• concluding that no seizure occurred when officer parked behind an individual in a parked car without lights or sirens; approached the car on foot; did not draw or touch a weapon; and engaged in brief, cordial, and courteous questioning
• holding that there was not a seizure under similar circumstances
• explaining that “whether the encounter occurred in a public or non-public setting” and “whether weapons were displayed” are “factors to consider in determining if a person was seized”
• holding officer’s “initial encounter” with suspect was not a seizure when officer “parked his squad car a full car length behind [the suspect’s] car [and] did not block it”
• identifying “whether defendant was in custody” as one of five factors to consider in determining whether “consent to search was voluntarily given”

Source: CourtListener parenthetical corpus (CC0).