{"id":5032,"date":"2011-05-16T07:35:28","date_gmt":"2010-12-27T11:13:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-27T11:13:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5032","title":{"rendered":"FL4: Officer’s direction to turn off car engine was seizure"},"content":{"rendered":"

The officer came upon defendant asleep at the wheel of his car with the engine running in a shopping center parking lot. Telling the defendant to turn off the engine was a seizure. There was no reasonable suspicion. Gentles v. State<\/a>, 50 So. 3d 1192 (Fla. App. 4th DCA 2010):<\/p>\n

Similarly, in this case, Officer Horn’s direction for the defendant to turn off his engine constituted a show of authority which restrained the defendant’s freedom of movement. An order to shut off one’s car is as much a restraint on movement as an order to step out of the car. Both orders constitute a seizure because they convey to a reasonable person under the circumstances that he or she must comply and is not free to end the encounter and drive away. See Taylor v. State<\/a>, 658 So. 2d 173, 173 (Fla. 5th DCA 1995) (holding that when an officer pulled up behind the defendant, who was parked in a driveway with the motor running, and ordered him to turn off his motor and produce his driver’s license, the defendant was improperly seized and the search that followed was illegal).<\/p>\n

Other vehicle-related police conduct found by Florida courts to constitute a seizure or detention include: using a police car to block the path of a car, Stennes v. State<\/a>, 939 So. 2d 1148, 1149 (Fla. 4th DCA 2006); shining a flashlight or spotlight on a defendant’s car, Leroy v. State<\/a>, 982 So. 2d 1250, 1252 (Fla. 1st DCA 2008); displaying a weapon or physically touching the person, State v. Dixon<\/a>, 976 So. 2d 1206, 1209 (Fla. 4th DCA 2008); ordering a driver in a stopped vehicle to roll down his window, Greider v. State<\/a>, 977 So. 2d 789, 792-93 (Fla. 2d DCA 2008); and directing a defendant to remove his hand from his pocket, Delorenzo<\/a>, 921 So. 2d at 876.<\/p>\n

We have been unable to find a case on all fours with this one. … <\/p><\/blockquote>\n

Defendant consented to the taking his fingerprints and DNA. Puglisi v. State<\/a>, 56 So. 3d 787 (Fla. App. 4th DCA 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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