State v. Blier

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The district court granted Defendant’s motion to suppress evidence that resulted in a criminal complaint charging Defendant with operating under the influence, concluding that a police officer violated the Fourth Amendment when he ordered Defendant to leave his house in order to complete a traffic stop due to defective license plate lights. The district court concluded (1) the officer did not have probable cause to suspect any criminal activity, and no exigent circumstances existed when he ordered Defendant to exit his house; and (2) the officer’s verbal order to come outside amounted to an unlawful seizure of Defendant. The Supreme Judicial Court vacated the order of suppression, holding (1) the police officer had probable cause to arrest Defendant for the crime of failure to stop his vehicle on request or signal of a uniformed law enforcement officer and pursued him immediately and continuously from the scene of the crime into the curtilage of his home; and (2) therefore, the seizure of Defendant did not amount to unlawful seizure or arrest. View "State v. Blier" on Justia Law