D.Ore.: Request for DL and holding on to it is a seizure of the person

“While Defendant was not seized during his initial encounter with Officer Fender, the encounter escalated into a seizure at the moment Defendant provided his identification in response to Officer Fender’s request.” [After all, one’s ID is required for many transactions and movements, so you can’t leave without it.] United States v. Augustus, 2016 U.S. Dist. LEXIS 146760 (D.Ore. Oct. 24, 2016).

Defendant’s stop was based on a traffic offense, and reasonable suspicion developed during the stop because defendant’s answers about having just bought the car didn’t match the insurance papers. Defendant was told he was free to go but a dog sniff was going to occur. [And it’s not clear from this what the court means. Could defendant drive off or not? Did he stick around for the dog sniff anyway? Well, the dog was already on the scene.] The detention was by consent and reasonable suspicion. United States v. Figueroa-Rivera, 2016 U.S. Dist. LEXIS 146816 (D.N.M. Oct. 24, 2016).*

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