Telling motorist to roll down window is a seizure

Telling a motorist to roll down window restricts her freedom of movement, as did other actions thereafter. State v. Gross, 39 Kan. App. 2d 788, 184 P.3d 978 (2008):

Turning to our standard of review in this case, we must determine whether, under the totality of the circumstances, the officers’ conduct would have conveyed to a reasonable person in Gross’ position that she was free to refuse the officers’ requests or otherwise end the encounter. Here, when Gross was directed by Mains to roll down the window or open the passenger door, she was being detained for investigative purposes. At that point, the officers had made a show of authority and restricted the movement of both Stroot and Gross. Stroot had been detained when he was ordered to the back of the patrol car after attempting to walk away from his car and the patrol car. Gross became an object of this investigative detention when Mains approached the passenger side of Stroot’s car, directed her to roll down her window or open the door, and began questioning her. The officers’ show of authority prevented Gross and Stroot from leaving the area.

Stroot was prevented from walking away from the car by Boucard, and Gross’ point of exit from the car was being blocked by Mains while he asked her questions. Consequently, Gross’ movement was restricted or curtailed by Mains’ action. In addition, the patrol car was parked either parallel to Stroot’s car or behind Stroot’s car with the emergency lights activated. At that point, the officers were in control, and Stroot and Gross were obeying. Although Gross was reluctant to answer Mains’ questions, he persisted until she answered them. It became clear that the officers were not going to leave Stroot and Gross alone until the officers got the information they wanted. A reasonable person in Gross’ position would not have felt free to disregard the officers’ requests and terminate the encounter.