MT: Talking control of DL is a seizure when they are carried to the patrol car

The officer’s taking control of defendant’s and the passenger’s driver’s license was a seizure of them when he took the DLs back to the patrol car to run them. They were not free to leave. State v. Strom, 2014 MT 234, 2014 Mont. LEXIS 498 (September 2, 2014).

The trial court erred in finding the stop pretextual because it was, in fact, based on a traffic offense of some kind. On the totality, the court of appeals was correct that there was reasonable suspicion to continue the stop. Neat compartmentalization of the grounds are not required. State v. Jones, 2014 Kan. LEXIS 495 (August 29, 2014).*

Post-conviction petitioner’s search and seizure claim was merely a refinement of an argument already made and rejected on direct appeal. While the appellate brief on the post-conviction issue was arguably deficient, defendant cannot show prejudice because of default. State v. Jackson, 2014 Del. Super. LEXIS 451 (September 3, 2014).*