Cochran v. State

I respectfully dissent from the majority's conclusion that the encounter between Marshal Adams and Cochran was consensual. Rather, I find that Cochran was seized for Fourth Amendment purposes without an objectively reasonable basis; consequently, I conclude that the information Marshal Adams gathered from Cochran during the seizure should have been suppressed.

The United States Supreme Court has acknowledged that the test for determining whether a seizure has occurred is "nee-essarily imprecise, because it is designed to assess the coercive effect of police conduct, taken as a whole, rather…