2012 CO 75
Colo.2012Background
- Tate was charged with driving under the influence after being found asleep in a parked car with the engine running in the middle of the night.
- An officer blocked Tate in by parking behind his vehicle; Tate was asleep and unaware of the officer.
- The trial court held Tate was seized when the officer parked behind the car, because leaving was effectively impossible.
- The district court reversed, holding that a seizure occurred later when Tate awoke and there was reasonable suspicion to justify a stop.
- The People appealed, arguing that the seizure doctrine under Brendlin requires awareness of police conduct to constitute a Fourth Amendment seizure.
- The supreme judgment of the district court was affirmed and remanded for return to county court consistent with the district court’s remand order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tate was seized when the officer parked behind his car | Tate; seizure occurs when blocked, regardless of awareness | People; seizure requires awareness per Brendlin | Awareness required; no seizure at parking moment; stop lawful when Tate awoke with suspicion |
| Whether Brendlin requires awareness of a show of authority directed at the suspect | Brendlin supports seizure upon awareness or perceived control | Seizure can occur only if suspect perceives show of authority directed at him | Seizure requires perception of authority directed at the individual; not seized while unconscious |
| Whether the defendant’s unconscious state precluded seizure | Unconsciousness means no perception of authority, so no seizure | Seizure can occur even without awareness if restraint is present | Unconsciousness prevents seizure; seizure occurs when defendant awoke and there was reasonable suspicion |
| Whether reasonable suspicion existed by the time Tate awoke | District court found there was reasonable suspicion at awakening | No sufficient suspicion at or before awakening | Reasonable suspicion existed by the time Tate awoke, supporting a lawful stop |
Key Cases Cited
- Brendlin v. California, 551 U.S. 249 (U.S. 2007) (a seizure can extend to passengers; show of authority directed at the person questioned)
- Hodari D. v. California, 499 U.S. 621 (U.S. 1991) (no seizure without actual submission; show of authority alone not enough)
- United States v. Mendenhall, 446 U.S. 544 (U.S. 1980) (integration of totality-of-circumstances to determine if free to leave)
- Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (whether a person feels free to decline officers' requests)