State v. Perry, 548 S.W.3d 292

Officer observed Perry backing his truck from his driveway, followed him, and asked via radio about his driving status due to a belief his license was suspended; dispatch could not confirm before the contact ended.
Officer stopped near Perry's fiancé's driveway (did not block his truck), approached and asked to speak; she asked if Perry had a valid license and he voluntarily produced it.
Officer attempted to run the license but her handheld radio failed; while she tried to contact dispatch, Perry acted furtively (turned away, put hand in pocket, produced a plastic bag) and retrieved a child’s bike before fleeing.
Officer commanded Perry to "come here for a minute" several times; Perry ignored commands and ran; the officer chased him, he cleared a chain-link fence, hesitated at a fence post, then surrendered when spotting a sheriff’s vehicle.
A plastic bag containing methamphetamine was found hollowed in the fence post where Perry climbed; Perry was tried, moved to suppress, convicted of possession (lesser-included), and sentenced to eight years.
On appeal Perry challenged denial of suppression (claiming he was seized when asked for his license) and argued his sentence was imposed under a materially false belief about the applicable sentencing range; the court affirmed suppression denial and affirmed the sentence (majority), with one justice dissenting on sentencing.

Issue	Perry's Argument	State's Argument	Held
Whether officer’s request to see Perry’s license and his handing it over constituted a Fourth Amendment "seizure" requiring reasonable suspicion	Requesting and taking the license amounted to a seizure because surrendering ID makes a reasonable person less free to leave	The encounter was consensual; officer made requests (not commands), Perry voluntarily complied and only became subject to commands after he acted suspiciously	No seizure; encounter was consensual until Perry’s furtive conduct and flight justified pursuit and further action
Whether Perry’s sentence is plain-error because the court misstated the enhanced sentencing range (said 5–15 yrs instead of 1 yr to 15 yrs)	Misstatement of the applicable range is a materially false foundation; sentencing should be vacated and case remanded for resentencing	Although range was misstated, Perry failed to show the eight-year sentence was imposed because of that mistake; prosecutor recommended eight years and court adopted it	No plain error: defendant did not show the sentence was based on the mistaken range; appellate majority affirms sentence (concurring justice would vacate and remand)

United States v. Mendenhall, 446 U.S. 544 (1980) (seizure occurs when a reasonable person would not feel free to leave; examples of coercion)
California v. Hodari D., 499 U.S. 621 (1991) (seizure via show of authority requires submission; fleeing suspect not "seized" absent submission)
Florida v. Bostick, 501 U.S. 429 (1991) (consensual encounters do not implicate Fourth Amendment; officers may request ID absent coercion)
Florida v. Drayton, 536 U.S. 194 (2002) (fact-specific inquiry whether officer’s conduct conveys compulsion; absence of force/authoritative tone supports consensual contact)
State v. Gaw, 285 S.W.3d 318 (Mo. banc 2009) (appellate review of suppression rulings: consider suppression hearing and trial evidence; factual findings deferred)
State v. Carrawell, 481 S.W.3d 833 (Mo. banc 2016) (legal determinations of reasonable suspicion reviewed de novo)
State v. Lovelady, 432 S.W.3d 187 (Mo. banc 2014) (Missouri Fourth Amendment analysis coextensive with federal law)
Wraggs v. State, 549 S.W.2d 881 (Mo. banc 1977) (sentence imposed on materially false foundation entitles defendant to resentencing)
State v. Baxter, 204 S.W.3d 650 (Mo. banc 2006) (defendant bears burden to show manifest injustice for plain-error relief)