\u201cOfficer Myers’ instruction to \u2018hang tight\u2019 while he ran Defendant’s driver’s license [and had it in hand], would lead a reasonable person in Defendant’s shoes not to feel free to leave. Thus, the consensual encounter became a seizure under the Fourth Amendment, and the Court next turns to whether the police officers had reasonable suspicion to justify that seizure.\u201d The officer then ran warrants, and an arrest warrant was found. The fact that took three minutes is not constitutionally unreasonable because the officer was entitled to at least check defendant\u2019s record. That led to a valid search incident to arrest. United States v. Morgan, 2018 U.S. Dist. LEXIS 136835 (E.D. Va. July 2, 2018), adopted, 2018 U.S. Dist. LEXIS 136527 (E.D. Va. Aug. 13, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cOfficer Myers’ instruction to \u2018hang tight\u2019 while he ran Defendant’s driver’s license [and had it in hand], would lead a reasonable person in Defendant’s shoes not to feel free to leave. Thus, the consensual encounter became a seizure under the … Continue reading