{"id":2896,"date":"2009-04-30T09:01:04","date_gmt":"2009-01-27T09:16:32","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-01-27T09:16:32","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2896","title":{"rendered":"IL: Defendants directed to stand away while officer searched interior were not free to leave when asked for consent to search the trunk"},"content":{"rendered":"

During a valid traffic stop, defendants were directed to stand in a particular place and the officer validly searched the interior, finding nothing. He asked for consent to search the trunk. At the time he asked, the defendants would not feel free to leave. People v. Oliver<\/a>, 387 Ill. App. 3d 1045, 327 Ill. Dec. 154, 901 N.E.2d 482 (2009):<\/p>\n

At the time Hampton requested consent to search the trunk, the defendant and James were still standing at the front and rear of the vehicle, respectively, pursuant to Hampton’s earlier directive. Despite having found nothing illegal in the vehicle’s interior, Hampton requested consent from James and the defendant to search the trunk. It is reasonable for one in the position of the defendant and James to conclude that: (1) had the defendant and James ignored Hampton’s request and made efforts to leave the scene, Hampton would not have simply allowed them to leave; and (2) given the ongoing directive to stand at opposite ends of the vehicle, compliance with the request to search the trunk was compelled. See Mendenhall<\/a>, 446 U.S. 544, 64 L. Ed. 2d 497, 100 S. Ct. 1870; Brownlee, 186 Ill. 2d 501, 713 N.E.2d 556, 239 Ill. Dec. 25. Under these circumstances, we find that a reasonable person in the defendant’s position would not feel free to leave at the time Hampton made his request. Thus, the defendant and James were subjected to a seizure. See Brownlee, 186 Ill. 2d 501, 713 N.E.2d 556, 239 Ill. Dec. 25.<\/p><\/blockquote>\n

Anonymous, uncorroborated tip was not enough for probation search. Gordon v. State<\/a>, 1 So. 3d 1117 (Fla. App. 1st DCA 2009).*<\/p>\n

Defendants were stopped for speeding and refused to consent to a search. The officer ordered the defendants out of the car while a dog was called for. Expanding the stop was unjustified, and it was reversed. The presence of an expandable police baton in the door cup holder did not justify a search of the vehicle. Bell v. State, 295 Ga. App. 607, 672 S.E.2d 675 (2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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