United States v. Roberson, 2017 WL 3138434 (July 25, 2017) (OK): The panel addresses what constitutes a show of authority and when a person is detained by the use of that authority. Each panel member wrote a separate opinion.

Judge Matheson say that when officers shine takedown lights and spotlights on a car’s occupants and then approach in a way the prevents them from leaving, the officers have used their authority to detain. However, when one makes“stuffing motions” underneath the driver’s seat then the person has not submitted to that authority and in turn given the officers reasonable suspicion to get him out of the car. And when they do and then smell the marijuana wafting through the cabin, they have probable cause to search for the gun they find.

Judge Hartz believes that the officers have not put their authority into use because how else “were the officers supposed to check out the parking lot in the dark?” The officers’ “resolute” approach signaled merely that they “wished to talk”.

Judge Moritz finds that where the officers parked, their use of the lights and their approach demonstrated a show of authority under the totality of the circumstances. At the moment this happened, Roberson was unlawfully seized. The gun found in the car must be suppressed as a fruit of that illegal seizure.