During a traffic stop, the question \u201cis there anything illegal in your car?\u201d is not subject to Miranda. United States v. Pittman, 2011 U.S. Dist. LEXIS 86457 (M.D. Tenn. August 4, 2011).*<\/p>\n
Defendant ordered out of his car was not seized when he was \u201casked\u201d to get out of his car and provide ID. He was still free to leave. [Oh, really?] United States v. Hernandez-Sanchez, 2011 U.S. Dist. LEXIS 86498 (W.D. N.C. August 4, 2011),* R&R 2011 U.S. Dist. LEXIS 89301 (E.D. N.C. July 7, 2011)*:<\/p>\n
In the circumstances presented here, the court cannot conclude that defendant was \u201cseized\u201d when Agent Padian parked behind him or when he was asked to exit his vehicle and provide his identification. At that time, there was only one unmarked police vehicle and two plainclothes officers present on the large lot. Neither officer had his service weapon visible, and Agent Padian did not activate his blue lights when pulling into the lot. There is no indication that Agent Padian’s interaction with defendant was unpleasant, or that Agent Padian used a brusque or demanding tone of voice, or that he touched or physically detained defendant in any way. Indeed, Agent Padian’s interaction with defendant was quite brief. Finally, there was nothing improper about Agent Padian’s request that defendant step out his parked car and provide identification. See Florida v. Royer, 460 U.S. 491, 501, 103 S. Ct. 1319, 75 L. Ed. 2d 229 (1983) (noting that it is \u201cno doubt permissible\u201d to ask to see and examine an individual’s driver’s license); cf. Pennsylvania v. Mimms, 434 U.S. 106, 110, 98 S. Ct. 330, 54 L. Ed. 2d 331 (1977) (noting the \u201cinordinate risk confronting an officer as he approaches a person seated in an automobile\u201d). These facts suggest that a reasonable person in defendant’s situation would have felt free to terminate the encounter with Agent Padian at that time.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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