Finding that a police officer’s instruction to a driver to shut off his engine had effectively converted a consensual citizen encounter into a “seizure,” a federal judge has suppressed all evidence obtained in a subsequent search of the car.

The practical effect of U.S. District Judge Berle M. Schiller’s ruling in United States v. Hicks is to force the government either to drop felon-in-possession-of-a-gun charges against both defendants or take an immediate appeal.

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