{"id":4861,"date":"2011-05-16T08:14:58","date_gmt":"2010-11-06T07:27:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-11-06T07:27:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4861","title":{"rendered":"N.D.Okla.: Taking the defendant&#8217;s ID is a seizure of the person because no one would feel free to leave"},"content":{"rendered":"<p>The encounter with the defendants started out consensual. Although the officer did not tell them they were free to leave, it was conversational. Once the officer had IDs in hand and walked to his police car to call them in, it was a seizure. \u201c[A]s the Tenth Circuit has explained, no reasonable person having had his identification taken away would have felt free to terminate the encounter.\u201d <a href=\"http:\/\/scholar.google.com\/scholar_case?case=6490684293101201939&amp;q=443+F.3d+1280&amp;hl=en&amp;as_sdt=1002\">United States v. Lopez<\/a>, 443 F.3d 1280, 1285 (10th Cir. 2006). Turning to reasonable suspicion, the court finds that defendant\u2019s \u201cactions\u201d in a high crime area were reasonable suspicion [but, boy, is this really thin]. United States v. Matthews, 2010 U.S. Dist. LEXIS 116791 (N.D. Okla. November 1, 2010).<\/p>\n<p>The court credits from the videotape that the driver understood English enough to consent to the search of his vehicle. And, the passenger in this case doesn\u2019t have standing. United States v. Torres-Guzman, 2010 U.S. Dist. LEXIS 116878 (E.D. Ark. October 22, 2010).*<\/p>\n<p>Defendant\u2019s objections to the R&amp;R are overruled. The officer had reasonable suspicion, and his grabbing the arm of the defendant was a seizure, but it was reasonable on these facts. United States v. Baker, 750 F. Supp. 2d 921 (W.D. N.C. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4861\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-4861","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4861","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=4861"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4861\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4861"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4861"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4861"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}