Prolonged Detentions and Seizure of an Item that is Lawful to Possess

• Detentions and Plain Sight Seizures
• Prolonged Detentions
• Abandonment
• Intervening Circumstances and Attenuation of the Taint
• Flight as a Possible Attenuation of the Taint

The plain sight observation of a non-contraband item (such as a car key) during a patdown search for weapons does not warrant the seizure of that item.  The continued detention done for the purpose of investigating other non-criminal activity violates the Fourth Amendment.  An “intervening circumstance” (e.g., flight) that occurs after the illegal seizure of property does not make that property retroactively admissible via an “attenuation of the taint” theory.  

Defendant Terrance Baker, along with Walter Collin Beatty, robbed a Sprint store in Los Angeles at gunpoint, taking a bunch of cellphones.  The semi-automatic pistol defendant used had a distinctive black frame and silver slide, as observed on a store’s videotape.  A week after the robbery, LAPD Patrol Officers Byun and Salas observed defendant loitering with others at the Nickerson Gardens housing complex.  The officers knew that defendant was a gang member and that he did not reside at Nickerson Gardens.  Suspecting that he was therefore trespassing (it not being discussed what specific trespass statute might apply), the officers decided to make contact.  Seeing the officers approach, defendant lifted his shirt to show the officers he was unarmed.  Officer Byun, however, patted him down anyway.  No weapons or contraband were found.  Officer Byun did observe, however, a car key attached to defendant’s belt loop. (Although not described, the key was apparently of the now-common type that included an electronic car fob ....