Monday, March 7, 2016

Cop Request Determined To Be 'Command'

A man was effectively seized when he refused to consent to a search and the police "asked" him to exit his legally parked vehicle.
 
Sharp v. United States, 2016 BL 45032, D.C., No. 13-CM-951, 2/18/16

     It was clear that refusal was not a real option for the Devon Sharp. Therefore, when the police "asked" him to exit his car, it was really a command, amounting to a seizure under the Fourth Amendment. This case clarifies that such requests will be treated as commands when a reasonable person would, under the circumstances, believe that he had to comply.

     The court stated, quoting Florida v. Bostick, that "in the absence of any sign that a reasonable person in these circumstances would believe the officer was giving him a genuine choice to decline the request and stay in the car, we conclude that the police here 'convey[ed] a message that compliance with their request[] [was] required'."

     The court also noted that nothing that Sharp had been doing gave rise to reasonable suspicion, and did not justify his detention. Merely listening to loud music and appearing to be nervous is not enough.

http://www.bloomberglaw.com/public/desktop/document/Sharp_v_United_States_No_13CM951_2016_BL_45032_DC_Feb_18_2016_Cou?1457369927

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