Encounter with police is not consensual where officer keeps driver's license longer than necessary to confirm identity
SEARCH & SEIZURE United States v. Lopez, No. 05-1323, ___ F.3d ___ (10th Cir. Apr. 11, 2006)(Colorado). Government appeal of district court order suppressing drug and firearm evidence seized as result of streetside encounter between defendant and police officer. HELD: District court did not err in suppressing evidence as fruit of unlawful detention. Extended encounter between police officer and defendant after initial contact was not consensual where officer concededly lacked probable cause or reasonable articulable suspicion of crime, but nonetheless held defendant’s driver’s license longer than necessary to confirm identification by instructing defendant to stand by vehicle while officer took driver’s license to cruiser for warrant check, thereby rendering defendant unable to leave. Read the opinion here. |
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