State of Iowa v. Patrick Daniel White, 2016 Iowa Sup. LEXIS 105

Officer Stricker responded to a late-night hit-and-run report and drove to the registered address of the reported vehicle. He observed a vehicle matching the description in an open garage and Patrick White standing by it.
As White walked onto his front porch, Stricker pulled his marked patrol car into White’s driveway, parked about 10–15 feet from the porch, and activated emergency lights.
Stricker, in uniform and displaying badge and firearm, approached on foot and asked White to “step down here and talk to me”; after a repeated, firmer request and stepping onto the porch, White stepped down to the driveway.
Stricker detected signs of intoxication, conducted field sobriety tests on the driveway, and arrested White for OWI (third offense).
White moved to suppress evidence obtained after being directed off the porch, arguing he was seized; the district court and a divided court of appeals panel found the encounter consensual. The Iowa Supreme Court granted further review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a seizure occurred when the officer parked with emergency lights on, approached in uniform, and directed White to step off his porch onto the driveway	State: Interaction was consensual up to the detection of intoxication; no seizure occurred	White: Officer’s show of authority (lights, blocking car, uniform, command) converted the encounter into a seizure	Court held a seizure occurred when officer directed White to step off the porch onto the driveway because objective indicia of coercion were present

State v. Wilkes, 756 N.W.2d 838 (Iowa 2008) (sets out factors indicating when police-citizen contact becomes a seizure)
State v. Reinders, 690 N.W.2d 78 (Iowa 2004) (defines seizure as restraint by force or show of authority)
Florida v. Royer, 460 U.S. 491 (U.S. 1983) (seizure occurred where officers’ requests, in context, indicated person was not free to leave)
INS v. Delgado, 466 U.S. 210 (U.S. 1984) (distinguishes consensual questioning absent coercive measures)
State v. Lowe, 812 N.W.2d 554 (Iowa 2012) (consensual encounter factors; absence of commands supports no seizure)
State v. Kurth, 813 N.W.2d 270 (Iowa 2012) (discusses coercive potential of activating emergency lights)
United States v. Drayton, 536 U.S. 194 (U.S. 2002) (totality-of-circumstances test for seizures)
United States v. Mendenhall, 446 U.S. 544 (U.S. 1980) (plurality articulating objective indicators of coercion that convert contact into a seizure)