{"id":4495,"date":"2011-01-07T08:38:52","date_gmt":"2010-08-01T00:42:26","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-31T13:08:01","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4495","title":{"rendered":"CA8: \u201cMay I see your driver’s license or your ID?\u201d is a request not a command"},"content":{"rendered":"

Defendant was riding an interstate bus which stopped at the MSP airport, and officers boarded the bus to talk to passengers. Defendant talked with the officers and refused to consent to a search of his bag. The officer asked: \u201cMay I see your driver’s license or your ID?\u201d This was a request in a friendly tone and not a command, and a reasonable person would have felt free to not provide it. United States v. Richards<\/a>, 611 F.3d 966 (8th Cir. 2010):<\/p>\n

This was not a case of multiple officers coercing a bus passenger into submission by assailing him with multiple requests for the same thing until he complied. Nor was it a case in which police crafted an environment so coercive that Richards’ will was overborne and he had no choice but to produce his identification. Richards was free to decline to present identification at the time that he was asked for it, regardless of Askerooth’s hindsight reflection that, in light of his suspicious behavior, she would have likely detained Richards had he refused to cooperate. We conclude that, when viewed in the light of the totality of the circumstances, a reasonable person would have felt at liberty to decline Askerooth’s request for identification, and thus it did not constitute a seizure for the purposes of the Fourth Amendment.\n<\/p><\/blockquote>\n

[I don’t agree that any person feels free to refuse a request for ID when multiple police officers are on an interstate bus asking questions.]<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4495","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4495","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4495"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4495\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4495"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4495"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4495"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}