Description

Question: Is a driver "seized" within the meaning of the Fourth Amendment when a police officer in a marked police cruiser drivers slowly past a parked vehicle at night, backs up, pulls in behind the vehicle while activating the patrol car's blue lights, blocks the driver's exit, and then remains in the police cruiser approximately one minute while checking Defendant's license plate? Answer: Yes, according to the recent Court of Appeals decision in State v. Eagle. In today's episode, Jake analyzes the Court's decision and the impact on vehicle stops involving an impaired driver.

Highlights:

• Listen as Jake reviews the key facts involved in State v. Eagle.
• Discover how the Court leans on public policy to support its holding in this case and how the Court's reasoning can be used in your cases where the State is arguing that a consensual encounter has occurred.
• Uncover the Court's safety concerns in the context of the free-to-leave test.
• Hear Jake discuss the way in which the Court looks through the perspective of the Defendant in its conclusion and why you should take this approach in your closing argument.