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· 7/26/2012

United States v. Joseph Mabery

Citations

  • 686 F.3d 591
  • 2012 WL 3030577
  • 2012 U.S. App. LEXIS 15417

How courts have described this case

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

  • concluding that shining a spotlight on a vehicle was “no more intrusive . . . than knocking on the vehicle’s window”
  • noting that “[c]ircumstances indicative of a seizure would include the threatening presence of several officers . . . indicating that compliance with the officer’s request might be compelled”
  • finding no seizure when an officer shined a spotlight on a civilian's vehicle
  • “[T]he act of shining a spotlight on [the] vehicle from the street was certainly no more intrusive (and arguably less so) than knocking on the vehicle’s window.”
  • “Nor would blocking the parking lot driveway establish a seizure of Mabery’s person—he could have been free to leave, even if his vehicle had to remain parked.”
  • “[T]he act of shining a spotlight on [the] vehicle from the street was certainly no more intrusive (and arguably less so) than knocking on the vehicle’s window.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Shepherd, Gerrard

Read full opinion on CourtListener

Sourced 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.