Tenth Circuit reasoned: [T]he officers’ actions were effectively a command to open the door. The record demonstrates that three officers .pounded on Reeves’ door and window while .yelling and loudly identifying themselves as police officers. They continued this conduct consistently for at least twenty minutes. This encounter began between 2:30 and 3:00 in the morning, a time which must be taken into consideration when analyzing the coerciveness of the encounter. United States v. Reeves, 524 F.3d at 1168-69. The Court-, in Smith v. Kenny, 678 F.Supp.2d 1124 (D.N.M.2009) (Browning, J.), held that citizens could'be seized when an officér issues a command/ via cellular telephone, to someone to leave his or her home, and to surrender to officers waiting outside. See 678 F.Supp.2d at 1173 (<HOLDING>). The Court determined that the late hour in
holding that factual disputes regarding circumstances of traffic stop were pertinent to deciding legal issues in motion to suppress and thus hearing was necessary holding that discovery  does not occur until the insured discovers facts showing that dis honest acts occurred and appreciates the significance of those facts  holding that a seizure was unlawful because certain facts had dispelled the officers reasonable suspicion holding that a seizure could occur under these facts but hot deciding whether a seizure occurred because of factual disputes holding that this court has jurisdiction to review the legal issues concerning whether the factual disputes a are genuine and b concern material facts