{"id":24237,"date":"2016-11-01T05:34:32","date_gmt":"2016-11-01T10:34:32","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=24237"},"modified":"2016-11-02T07:00:24","modified_gmt":"2016-11-02T12:00:24","slug":"ca11-def-wasnt-seized-despite-the-officers-holding-his-dl-for-a-while","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=24237","title":{"rendered":"CA11: Def wasn’t seized despite the officer’s holding his DL for a while"},"content":{"rendered":"

Defendant was not “seized” within the meaning of the Fourth Amendment at any time before giving his consent to search the vehicle. Despite the trooper’s retention of his driver’s license, the officer\u2019s request to have him sit in the front seat of the patrol car, and his questioning of defendant about his travel plans in the patrol car, a reasonable person in defendant\u2019s position would have felt free to refuse the officer’s requests or otherwise terminate the encounter with the officer. United States v. Aponte<\/a>, 2016 U.S. App. LEXIS 19291 (11th Cir. Oct. 26, 2016).<\/p>\n

Reasonable suspicion was shown where the tip was detailed and further corroborated, defendant was extremely nervous, and as the stop progressed, he began glancing around the vehicle and rummaging through the glove box, and then failed to obey the officer’s commands. A Terry frisk was reasonable. United States v. Pacheco<\/a>, 2016 U.S. App. LEXIS 19495 (6th Cir. Oct. 28, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was not “seized” within the meaning of the Fourth Amendment at any time before giving his consent to search the vehicle. Despite the trooper’s retention of his driver’s license, the officer\u2019s request to have him sit in the front … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35,69],"tags":[],"class_list":["post-24237","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24237","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=24237"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24237\/revisions"}],"predecessor-version":[{"id":24255,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24237\/revisions\/24255"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24237"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24237"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24237"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}