ren 4thamend presentation final · 12/2/2020 4 case race is/is not a factor in seizure analysis....
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Case Race is/is not a factor in seizure analysis.
Used race as a factor in reach its holding.
Did not use race as a factor in reaching its holding.
Commonwealth v. Evelyn, 485 Mass. 691, 152 N.E.3d 108 (2020)
Declined to decide. No. Attempts to focus attention on the issue of race.
U.S. v. Washington, 490 F.3d 765 (9th Cir. 2007)
It is a factor. Yes. Recently publicized shootings of Blacks by white officers and a widely distributed pamphlet known to D instructing the public to comply with officer’s instructions were relevant to seizure analysis.
United States v. Easley, 911 F.3d 1074 (10th Cir. 2018)
It is not a factor. No. “[W]e reject Ms. Easley's argument that we should consider subjective characteristics like race as part of our reasonable person analysis.”
State v. Jones, 172 N.H. 774, 780, 235 A.3d 119 (2020)
It is a factor. No. “Although we reach our conclusion irrespective of the defendant's race, we observe that race is an appropriate circumstance to consider in conducting the totality of the circumstances seizure analysis.”
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