PA: Request for ID of two men sitting at a vacant building didn’t rise to a detention

Two men sitting at a vacant building in the daytime, but in an area known for burglaries, could be asked for identification and it written down. It was a mere encounter and not a detention. One defendant’s continued furtive conduct finally caused escalation of the encounter. Commonwealth v. Lyles, 2014 Pa. LEXIS 1806 (July 21, 2014):

We find the interaction did not escalate beyond a mere encounter. The officers knew the area was one where numerous burglaries had occurred, and if not that particular day, at least recently so. Seeing men sitting at a vacant building, there is no impropriety in the officers’ approaching the men, nor in asking their reason for loitering there. The officer’s request for identification, which came after appellant’s response that his grandmother lived on the block, did not indicate “dissatisfaction” with the response – the relevance of this claim being unclear – nor did it objectively imply an intent to detain appellant beyond confirming who he was.

These were permissible acts that do not implicate the Fourth Amendment or Article I, § 8. Therefore, any “escalation” perceived by appellant or by the officer did not render the request objectively unconstitutional. The request was not accompanied by physical restraint, manifestation of authority, or a mandate to comply. The officer simply asked for appellant’s identification; he did not demand it or require acquiescence, and appellant gave it to him voluntarily. The officer did not express dissatisfaction with appellant’s reply or tell appellant he was not free to leave. There is no evidence appellant was confined or prevented from departing, or that the officer impeded his movement in any way, as the interaction took place on a public street in broad daylight. There was no evidence the officer brandished a weapon or threatened appellant or that the interaction was per se coercive or intimidating. There is no record of the officer displaying an aggressive demeanor or using an authoritative tone suggesting there would be negative consequences if appellant failed to identify himself; he did nothing more than request appellant’s identification. Had there been no repetitive furtive conduct by appellant, there is no reason to think the encounter would not have terminated promptly once the officer recorded the minimal information he requested.

Dissent: Commonwealth v. Lyles, 2014 Pa. LEXIS 1805 (July 21, 2014) dissent