Fourth Amendment: What constitutes a Seizure or Arrest?

A Kansas Driver pulled over in response to Officer's traffic stop of a different vehicle (mistakenly thinking he was the target). When the Driver got out of his truck and walked towards the Officer, the Officer ordered him to get back in his vehicle. This order from the Officer effected a seizure. State v. Reiss, No. 102,071(Kan. App. Dec. 17, 2010) (Leben) (declining to decide "whether a person inadvertently stopped by police has been seized," but noting Ninth Circuit case answering in the negative).

Whether an encounter is voluntary is an objective question, and neither the Defendant's nor the Officer's subjective belief that the Defendant was free to leave is relevant. State v. Moralez, No. 102,342 (Kan. App. Nov. 24) (Malone).

When you are charged with a Kansas DUI or Missouri DUI it is critical to have an experienced DUI Defense Attorney look at the probable cause for the initial 'Traffic Stop', the investigation, the Field Sobriety Tests, and the arrest for the DUI charge. Speeding is not an indicator of intoxication, neither are charges of 'Weaving Within The Lane of Traffic', or 'Defective Tag Light'.

There are Police Officers in the Kansas City Metro Area who are assigned to prosecuting only DUI cases. Their job is to stop your vehicle for any reason, speeding, defective equipment, etc., in the expectation that the encounter will turn into a DUI Arrest.

DUI charges can be challenged on many fronts, one of these being Unlawful Police Stops. If you have been charged with DUI, in Kansas or Missouri, contact our office immediately.