· 12/14/1995
United States v. James Buchanon (94-3551), William Reed, Jr. (94-3660)
Citations
- 72 F.3d 1217
- 1995 U.S. App. LEXIS 35139
- 1995 WL 736614
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a detention does not “need to be long lived to be a seizure” and “an unconstitutional seizure can occur even if the police detain a person only momentarily”
- concluding plain error review of an issue \waived\ under Rule 12(f) was permitted
- viewing untimely suppression Rule 12(c)(3) (allowing a defendant to bring an untimely motion to suppress before the Superior Court “if the party shows good cause”
- viewing untimely suppression Rule 12(c)(3) (allowing a defendant to bring an untimely motion to suppress before the Superior Court “if the party shows good cause”
- arrival of three additional officers, with emergency lights blazing, minutes after initial traffic stop was a threatening presence, but without additional Mendenhall factors the threatening presence alone could not create a seizure
- “If law enforcement officers are permitted to illegally seize persons in order to attempt to uncover evidence of criminal conduct, then the Fourth Amendment right of persons in this country to go about their business free from baseless interference from the police has been extinguished.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Keith, Martin, Guy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.