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Did police illegally seize a luggage bag when they removed it from cargo area of the bus?
The Supreme Court held in United States v. Jacobsen, 466 U.S. 109, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984), that a Fourth Amendment "`seizure' of property occurs when there is some meaningful interference with an individual's possessory interests in that property." Id. at 113, 104 S.Ct. 1652. In Va Lerie, this court, en banc, applied Jacobsen in the context presented by this case-property entrusted to a third-party common carrier. Va Lerie, 424 F.3d at 701-03, 708 n. 9. Va Lerie presents similar facts, and, thus, this case turns on whether Va Lerie, in which the en banc court concluded that a seizure did not occur, id. at 708-09, is distinguishable from this case.
In Va Lerie, the en banc court determined that law enforcement's detention of property entrusted to a third-party common carrier constitutes a Fourth Amendment seizure only when the detention does any of the following: (1) "delay[s] a passenger's travel or significantly impact[s] the passenger's freedom of movement," (2) "delay[s] [the checked luggage's] timely delivery," or (3) "deprive[s] the carrier of its custody of the checked luggage." Id. at 707.
Full case here: U.S. v. Alvarez-Manzo, 570 F.3d 1070 (8th Cir. 2009), https://casetext.com/case/us-v-alvarez-manzo-3
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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By Anton Vialtsin, Esq.The Supreme Court held in United States v. Jacobsen, 466 U.S. 109, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984), that a Fourth Amendment "`seizure' of property occurs when there is some meaningful interference with an individual's possessory interests in that property." Id. at 113, 104 S.Ct. 1652. In Va Lerie, this court, en banc, applied Jacobsen in the context presented by this case-property entrusted to a third-party common carrier. Va Lerie, 424 F.3d at 701-03, 708 n. 9. Va Lerie presents similar facts, and, thus, this case turns on whether Va Lerie, in which the en banc court concluded that a seizure did not occur, id. at 708-09, is distinguishable from this case.
In Va Lerie, the en banc court determined that law enforcement's detention of property entrusted to a third-party common carrier constitutes a Fourth Amendment seizure only when the detention does any of the following: (1) "delay[s] a passenger's travel or significantly impact[s] the passenger's freedom of movement," (2) "delay[s] [the checked luggage's] timely delivery," or (3) "deprive[s] the carrier of its custody of the checked luggage." Id. at 707.
Full case here: U.S. v. Alvarez-Manzo, 570 F.3d 1070 (8th Cir. 2009), https://casetext.com/case/us-v-alvarez-manzo-3
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...