concluding a seizure occurred when the defendant and his companion were engaged by six officers in an outdoor hallway outside of his motel room, the officers moved the defendant “twenty to thirty feet away from his door,” and the officers never informed the defendant that he had a right not to respond to their questions and terminate the encounter
How later courts described this case
- concluding a seizure occurred when the defendant and his companion were engaged by six officers in an outdoor hallway outside of his motel room, the officers moved the defendant “twenty to thirty feet away from his door,” and the officers never informed the defendant that he had a right not to respond to their questions and terminate the encounter
- holding that a seizure occurs when, “taking into account all of the circumstances surrounding the encounter, the police conduct would have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business” (quoting Florida v. Bostick, 501 U.S. 429, 437 (1991)) (internal quotation marks omitted)
- holding that an encounter was not consensual where it occurred in a private place, the officers refused to honor the defendant’s request to shut the door, and the officers advised the defendant several times that he could be arrested and told him he could not terminate the encounter
- finding it “difficult to conclude that the officers acted in good faith” when they had asked for consent after they already unconstitutionally entered the defendant’s room
Written by the judges who cited it.
The opinion
BEAM, Circuit Judge,
concurring:
I concur in the result reached by the court.