United States Court of Appeals For the Seventh Circuit
Civil Rights — seizure
A 13-year veteran of the police force would not have believed he was in custody when he was not.
“Carter was a thirteen-year veteran of the police force and certainly knew his constitutional rights. Cf. Driebel, 298 F.3d at 647 (‘Officer Huston was not some naïve, awestruck individual confronting the police for the first time. Rather, he was a sworn, highly trained law enforcement officer, who, we believe, was well aware of his constitutional and workplace rights.’). Carter and Lopez agreed to be searched so that Carter could return to the police station to use the restroom there. And Lieutenant Eccher agreed to let them leave despite the freeze order, so long as they were searched first. Although Carter may have felt it necessary to agree to the search because he needed to use the restroom badly, that does not mean he was seized by Eccher. A reasonable officer in Carter’s position would not have feared arrest or detention had he not complied. Therefore, we agree with the district court that Carter was not seized.”
Appeal from the United States District Court for the Eastern District of Wisconsin, Gorence, Mag. J., Williams, J.