NY1: A request to produce ID isn’t always a seizure

The request to defendant to produce his ID when the police were investigating a potential trespass doesn’t constitute a seizure per se. Here, the defendant volunteered to take the officer to where he was going. That was all consent. People v. Hill, 2017 NY Slip Op 04236, 2017 N.Y. App. Div. LEXIS 4170 (1st Dept. May 30, 2017):

Defendant voluntarily gave the officer his identification and raised no objection when the police brought the identification to the apartment he had identified. Defendant even volunteered to be escorted by the officers to the apartment that he claimed he was visiting. Therefore, defendant knew the officers were going to verify his explanation for being in the building, and defendant raised no objection to the officers retaining his identification for this limited purpose. The dissent’s claim that the encounter became nonconsensual when a officer went upstairs with the identification has no support in the record.

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