Even Momentary Detention Without Reasonable Suspicion Violates 4th Amendment

U.S. v. Lopez, 2006 WL 925619 (4/11/06) - The 10th upholds the granting of a suppression motion. The defendant was seized when the officer held the defendant's license to make a warrants check because: (1) the officer kept the license longer than necessary to confirm the defendant's identity [the address on the license coincided with the registration address of the car the defendant was standing by]; and (2) the officer instructed the defendant to remain by the defendant's car while he went to the patrol car to run a warrants check. Because the government conceded no reasonable suspicion supported the seizure, the seizure was unlawful and thus rendered suppressible the results of the officer's discovery of a warrant for the defendant's arrest and the subsequent discovery of crack cocaine and a gun. The 10th stressed detention without reasonable suspicion even for a moment violates the Fourth Amendment. The 10th also pointed out that the question whether a seizure has occurred must be evaluated from the suspect's perspective, not the officer's.