Nov 032016
 
 November 3, 2016  Court, Surveillance, U.S.

Joe Cadillic writes:

An Alabama Appeals court ruling, let’s (sic) police hold onto a motorist’s ID and ‘ask’ them to sit in a police vehicle:

“Defendant was not “seized” within the meaning of the Fourth Amendment at any time before giving his consent to search the vehicle. Despite the trooper’s retention of his driver’s license, the officer’s request to have him sit in the front seat of the patrol car, and his questioning of defendant about his travel plans in the patrol car, a reasonable person in defendant’s position would have felt free to refuse the officer’s requests or otherwise terminate the encounter with the officer.”

Ask yourself, would a “reasonable person” really feel free not to obey an officer’s request to sit in a police vehicle?

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