Editing Appellate Court Rules Wellness Check is Not A Seizure for 4th Purposes of Fourth Amendment
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The 9th Circuit Court, acting in the court's capacity as a court of appeal, overturned the county court's order granting the defendant's Motion to Suppress in the case of State v. Stillman. The circuit court ruled that the police officer's approach of the defendant's parked car, which was the subject of the anonymous tip about irregular driving, for a wellness check was a consensual encounter. The court also ruled that it wasn't a seizure once the law enforcement officer had seen indicators of distress when he approached the defendant's car and tried to determine whether defendant needed assistance, & that once defendant opened up the car's window and the law enforcement officer detected the odor of what he believed to be alcohol, the officer had sufficient indicia in order to initiate an investigatory stop. For additional information regarding <a href=" https://storify.com/footknee70/vague-hunch-of-criminal-activity-not-sufficient-fo ">Criminal Lawyer </a> please contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd # 700 Fort Lauderdale, FL 33301 (954)990-0525
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