United States v. Huertas, No. 15-4014 (2d Cir. 2017)Annotate this Case
The Second Circuit affirmed the denial of defendant's motion to suppress physical evidence. Defendant argued that he was seized when a police officer in a squad car, who had been alerted to a man lurking with a gun, shined a spotlight on defendant and asked questions to which he responded. The court held that its precedent in United States v. Baldwin, 496 F.3d 215, 219 (2d Cir. 2007), was controlling. In this case, defendant never submitted to police authority and therefore he was never seized.