ID: The state conceded the DL held too long, but taint was not purged, so suppression should have been granted

The trial court erred in denying defendant’s motion to suppress and in finding that the evidence was purged from the taint of an unlawful detention. The State conceded that an unlawful seizure occurred when the officer held onto defendant’s driver’s license solely for the purpose of running a warrants check, the district court used the incorrect time period in analyzing attenuation, the officer did not operate under a mistake of fact regarding defendant’s identity, his misconduct was not a precaution for officer safety or connected with a bona fide investigation, and the evidence was not attenuated so as to be purged of the taint from the officer’s misconduct. State v. Cohagan, 2016 Ida. App. LEXIS 139 (Dec. 5, 2016).

Defendant wasn’t stopped until he pulled over; blue lights alone isn’t a stop because he has to submit for it to be a stop. Here, there was an anonymous tip of potential DWI, and it was corroborated by the officer’s observations. State v. Mangum, 2016 N.C. App. LEXIS 1254 (Dec. 6, 2016).