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First Circuit· 9/9/2005

United States v. Smith

Citations

  • 423 F.3d 25
  • 2005 U.S. App. LEXIS 19489
  • 2005 WL 2178824

How courts have described this case

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

  • holding “mere physical limitations on an individuals movement, not created by police, are insufficient to turn an encounter with police into a restraint of liberty”
  • finding that no seizure occurred in a case with facts similar to the case herein considered
  • explaining that seizure analysis must be based on the totality of the circumstances
  • finding no seizure where officers approached the defendant from both sides, telephone pole was directly in front of defendant, and wall directly behind
  • finding seizure can occur without physical restraint if compliance is coerced and not voluntary
  • attempting to flee and struggling with officers indicates no submission to police authority

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Hill, Lynch

Read full opinion on CourtListener

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

38 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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.