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A seizure occurs when police prevents a person from leaving by keeping his driver's license

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Manage episode 399708196 series 3389815
Content provided by Anton Vialtsin, Esq. and Anton Vialtsin. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Anton Vialtsin, Esq. and Anton Vialtsin or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

In sum, under the most recent cases a seizure occurs only if: (1) a reasonable person would feel, under all the circumstances, he could not disregard the police inquiries and go about his business; (2) the restraints imposed upon him result from the police conduct itself rather than the happenstance of where the encounter occurred; and (3) the person actually reacted in a manner consistent with being “seized.”
While a police request for identification does not automatically give rise to a seizure, we have stated on previous occasions that “once the identification is handed over to police and they have had a reasonable opportunity to review it, if the identification is not returned to the detainee [it is] difficult to imagine that any reasonable person would feel free to leave without it.” United States v. Battista, 876 F.2d 201, 205 (D.C.Cir.1989); cf. Royer, 460 U.S. at 501, 103 S.Ct. at 1326 (plurality opinion) (noting that a seizure occurred when, among other things, police “retain[ed the defendant's] ticket and driver's license ... without indicating in any way that he was free to depart”).
United States v. Jordan, 951 F.2d 1278, 1282 (D.C. Cir. 1991)

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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(619) 357-6677
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Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

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107 episodes

Artwork
iconShare
 
Manage episode 399708196 series 3389815
Content provided by Anton Vialtsin, Esq. and Anton Vialtsin. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Anton Vialtsin, Esq. and Anton Vialtsin or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

In sum, under the most recent cases a seizure occurs only if: (1) a reasonable person would feel, under all the circumstances, he could not disregard the police inquiries and go about his business; (2) the restraints imposed upon him result from the police conduct itself rather than the happenstance of where the encounter occurred; and (3) the person actually reacted in a manner consistent with being “seized.”
While a police request for identification does not automatically give rise to a seizure, we have stated on previous occasions that “once the identification is handed over to police and they have had a reasonable opportunity to review it, if the identification is not returned to the detainee [it is] difficult to imagine that any reasonable person would feel free to leave without it.” United States v. Battista, 876 F.2d 201, 205 (D.C.Cir.1989); cf. Royer, 460 U.S. at 501, 103 S.Ct. at 1326 (plurality opinion) (noting that a seizure occurred when, among other things, police “retain[ed the defendant's] ticket and driver's license ... without indicating in any way that he was free to depart”).
United States v. Jordan, 951 F.2d 1278, 1282 (D.C. Cir. 1991)

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

  continue reading

107 episodes

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