ID: Officer taking DL and handing it to another officer to check was a seizure requiring RS; anonymous CI was not corroborated

Reasonable suspicion was required when the officer retained defendant’s driver’s license by taking it, leaving her presence, and giving it to another officer to run a license check. Defendant was thus detained because a reasonable person in her position would not feel free to leave. [You can’t drive without your driver’s license in hand. It’s against the law everywhere.] The anonymous tip here, standing alone, was not sufficiently reliable to support reasonable suspicion. The CI gave the location and description of the vehicle defendant was in and alleged the occupants were engaged in drug activity but did not explain how the informant had personal knowledge of the alleged criminal activity and the facts of the tip did not necessarily imply such personal knowledge. State v. Couch, 2021 Ida. App. LEXIS 36 (Oct. 22, 2021).

Defendant argued that the pretrial taking of his DNA was unreasonable and contrary statute. Even if it was, inevitable discovery applies here because he was later arrested for a more violent crime. Defendant waived his constitutional challenge to the statute by not timely raising it. [It would likely lose anyway.] State v. Porter, 2021 Tenn. Crim. App. LEXIS 504 (Oct. 26, 2021).