\u201cWhile 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.\u201d [After all, one\u2019s ID is required for many transactions and movements, so you can\u2019t leave without it.] United States v. Augustus, 2016 U.S. Dist. LEXIS 146760 (D.Ore. Oct. 24, 2016).<\/p>\n
Defendant\u2019s stop was based on a traffic offense, and reasonable suspicion developed during the stop because defendant\u2019s answers about having just bought the car didn\u2019t match the insurance papers. Defendant was told he was free to go but a dog sniff was going to occur. [And it\u2019s 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).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cWhile 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.\u201d [After all, one\u2019s ID is required for many transactions … Continue reading