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IL: Defendants directed to stand away while officer searched interior were not free to leave when asked for consent to search the trunk

By John Wesley Hall, Jr.

During a valid traffic stop, defendants were directed to stand in a particular place and the officer validly searched the interior, finding nothing. He asked for consent to search the trunk. At the time he asked, the defendants would not feel free to leave. People v. Oliver, 2009 Ill. App. LEXIS 14 (January 20, 2009): At the time Hampton requested consent to search the trunk, the defendant and James were still standing at the front and rear of the vehicle, respectively, pursuant to Hampton's earlier directive. Despite having found nothing illegal in the vehicle's interior, Hampton requested consent from James and the defendant to search the trunk. It is reasonable for one in the position of the defendant and James to conclude that: (1) had the defendant and James ignored Hampton's request and made efforts to leave the scene, Hampton would not have simply allowed them to leave; and (2) given the ongoing directive to stand at opposite ends of the vehicle, compliance with the request to search the trunk was compelled...continue to full post

Full post as published by Fourth Amendment on January 27, 2009 (boomark / email).