Wednesday, October 03, 2007

Dicta Suggests Surrender to Authority Based on Knowledge of Warrant Would Be A Seizure

Cummisky v.Mines, No. 06-5028 (9/28/07) (unpub'd) - While rejecting the plaintiff's 4th Amendment claims, in dicta the 10th suggests a person would be seized for purposes of the 4th Amendment if the person surrenders to state authority after learning of an outstanding warrant.