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Officer's opening car door and directions were a "show of authority" against consent

By John Wesley Hall, Jr.

Keep a driver's license continued a stop, and the officer's words and actions in opening the vehicle door communicated that the defendant had to comply. State v. Icard, 2008 N.C. App. LEXIS 866 (May 6, 2008): Moreover, even if the pickup truck could have pulled forward to exit the parking lot, Officer Moore maintained possession of Mr. Coleman's license and registration for the duration of this encounter, essentially preventing him from leaving. Another officer arrived and parked his vehicle to the right of the truck, with his takedown lights shining on the passenger side. Combined with Officer Moore's words and actions in opening the door to the pickup truck after Defendant had essentially refused to cooperate with his requests for information, we conclude that an objective evaluation of the totality of these circumstances "would have conveyed ...continue to full post

Full post as published by Fourth Amendment on May 10, 2008 (boomark / email).