United States v. Manabu John Furukawa

Good Law
99 F.3d 1147·1996 WL 601439·1996 U.S. App. LEXIS 40344
United States Court of Appeals for the Ninth CircuitOctober 17, 199693-50605California962 words

Opinion

Opinion

99 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Manabu John FURUKAWA, Defendant-Appellant. No. 93-50605. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 7, 1996. Decided Oct. 17, 1996. 1 Before: BROWNING, NORRIS, and REINHARDT, Circuit Judges 2 MEMORANDUM * I. 3 The detectives identified themselves, asked to speak with the defendants, and told them they were free to leave. The encounter occurred in a public place. The detectives did not display weapons or physically restrain Furukawa. We conclude a reasonable person would have felt free to leave, the initial encounter was consensual, and no founded suspicion was required. United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989); United States v. Mendenhall, 446 U.S. 544, 554 (1980) ("[A] person is 'seized' within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding the incident, a reasonable…

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