{"id":9448,"date":"2013-11-22T16:01:17","date_gmt":"2013-09-16T07:50:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-09-16T07:50:49","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9448","title":{"rendered":"IL: Officers approaching a car from both sides didn’t per se make it a seizure"},"content":{"rendered":"

When two officers approach a parked car from both sides to talk to the driver, they don\u2019t make a seizure where there was no evidence that the officers drew their guns, used a commanding tone of voice, or used their vehicle or bodies to block the vehicle from exiting. People v. Lopez<\/a>, 2013 IL App (1st) 111819, 996 N.E.2d 212 (2013):<\/p>\n

<\/p>\n

[*P1] Defendant James Lopez was arrested on October 13, 2010, and charged with aggravated driving under the influence of alcohol. He then filed a pretrial motion to quash arrest and suppress evidence, which was granted by the trial court. The State filed a motion to reconsider, which the trial court also denied. The State then filed this interlocutory appeal in order to appeal that ruling.<\/p>\n

[*P2] The issue before us is whether a person is seized for purposes of the fourth amendment (1) when the person is sitting in a stationary vehicle on a public street or alley, and two officers approach the vehicle on foot, with one officer walking toward the driver’s side and one toward the passenger’s side, and ask to view the person’s driver’s license and (2) when there was no evidence that the officers drew their guns, used a commanding tone of voice, or used their vehicle or bodies to block the vehicle from exiting.<\/p>\n

[*P3] In People v. Cosby, 231 Ill. 2d 262, 278 (2008), our supreme court held that the fact that two “officers approached defendant’s car, one on each side,” did not transform an encounter into a seizure, where there was no indication that “either of the officers touched [defendant’s] person, that they displayed their guns or that [the officers] used language or a tone of voice indicating to [defendant] that he had no choice” but to comply. Our opinion is one of the few appellate court cases to interpret and apply this holding in Cosby.<\/p>\n

[*P4] For the following reasons, we reverse and remand for further proceedings consistent with this opinion.\n<\/p><\/blockquote>\n

If they have one\u2019s DL in hand, that has to be a seizure because the driver is \u201cnot free to leave.\u201d It universally is a crime to drive without one\u2019s DL in his or her possession. Holding the DL is thus a seizure until it\u2019s handed back and the driver is told he or she can go.<\/p>\n","protected":false},"excerpt":{"rendered":"

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