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On November 13, 1996, was a Saturday. Mr. Taylor testified at the suppression hearing that he and two other officers arrived at Mr. Taylor's house in response to a call from Officer Fiedler regarding two people who were hanging out in the open, standing around a parked car. Mr. Taylor said that he and Mr. Harrigan got out of the patrol car and approached the two adults in the open area. Mr.
The court does not find that Mr. Taylor violated the Fourth Amendment. The district court correctly determined that there was no evidence of a seizure, and the interaction between the police officers and Mr. Taylor was not an encounter requiring reasonable suspicion or probable cause. See Florida v. Bostick, 501 U.S. 429, 434, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991) (citing United States v. Mendenhall, 446 U.S. 544, 555, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980)). Responding to a 911 report concerning a neighbor?s complaint that two individuals were loitering outside of the neighbor?s house in the early morning hours, the police had, at most, reasonable suspicion to suspect that the pair was in violation of the state or local laws prohibiting loitering. See id. The encounter occurred after 9:00 p.m., and the district court found that Mr. Taylor and the two others approached Mr. Taylor, as he was standing outside of his house. The district court also noted that Mr. Taylor did not state that the police pulled up in front of his house or that they were blocking his path. Furthermore, Mr.
Taylor?s conduct cannot be characterized as any type of veiled command or implicit assertion that he was required to stop, and Mr. Taylor did not try to terminate the encounter in any way. See Mendenhall, 446 U.S. at 554, 100 S.Ct. 1870. The district court found that Mr. Taylor was at his house when his wife called 911. While Mr. Taylor did not enter his house in response to the call, he did not try to avoid the police or terminate his interaction with them. Additionally, the district court found that Mr. Taylor was unaware that the police were outside of his house until they were at least seven feet away from him. d2c66b5586