Spotlighting defendant and approaching him with questions was a seizure, despite lack of blue lights or verbal commands

The officer spotlighted the defendant in a high crime area from 35′ away but quickly approached him and asked if he was on parole. This could only be considered a seizure, despite the lack of emergency lights or a verbal command. People v. Garry, 156 Cal. App. 4th 1100 (1st Dist. 2007):

In the present case, the argument can be made that no detention occurred prior to Crutcher learning about defendant’s parole status. Crutcher’s testimony indicates that he parked his car 35 feet away from defendant, a considerable distance, had no other officers with him, did not use emergency lights, did not draw a weapon, made no verbal commands, went to defendant rather than asking defendant to come to him, did nothing to prevent defendant from leaving, and did not touch defendant prior to learning that he was on parole.

However, Crutcher’s testimony makes clear that his actions, taken as a whole, would be very intimidating to any reasonable person. Crutcher testified that after only five to eight seconds of observing defendant from his marked police vehicle, Crutcher bathed defendant in light, exited his police vehicle, and, armed and in uniform, “briskly” walked 35 feet in “two and one-half to three seconds” directly to him while questioning him about his legal status. Furthermore, Crutcher immediately questioned defendant about his probation and parole status, disregarding defendant’s indication that he was merely standing outside his home. In other words, rather than engage in a conversation, Crutcher immediately and pointedly inquired about defendant’s legal status as he quickly approached. We think only one conclusion is possible from this undisputed evidence: that Crutcher’s actions constituted a show of authority so intimidating as to communicate to any reasonable person that he or she was “‘not free to decline [his] requests or otherwise terminate the encounter.'” (In re Manuel G., supra, 16 Cal.4th at p. 821.)

We find a detention occurred despite the fact that Crutcher did not make any verbal commands. “It is not the nature of the question or request made by the authorities, but rather the manner or mode in which it is put to the citizen that guides us in deciding whether compliance was voluntary or not.” (Franklin, supra, 192 Cal. App. 3d at p. 941.) No matter how politely Crutcher may have stated his probation/parole question, any reasonable person who found himself in defendant’s circumstances, suddenly illuminated by a police spotlight with a uniformed, armed officer rushing directly at him asking about his legal status, would believe themselves to be “under compulsion of a direct command by the officer.” (People v. McKelvy, supra, 23 Cal. App. 3d at p. 1034.) Crutcher’s actions set an unmistakable “tone,” albeit largely through non-verbal means, “indicating that compliance with the officer’s request might be compelled.” (In re Manuel G., supra, 16 Cal.4th at p. 821.)

Valid traffic stop quickly led to reasonable suspicion just from observations. The officer filled out a warning in two minutes and then told the driver she was free to leave, but asked questions. That quickly led to consent, and the interior of the car had been tampered with, so the officer could search further. United States v. Diaz-Medina, 2007 U.S. Dist. LEXIS 83470 (D. Utah November 8, 2007).*