Dmitri I. Medvedev v. Henrico County
FourthAmendment CriminalProcedure JusticiabilityDoctri
When the officer took and retained Petitioner's license, did it constitute a seizure for Fourth Amendment purposes where reasonable suspicion did not exist that Petitioner had been driving while intoxicated?
QUESTION PRESENTED Under Terry v. Ohio, 392 U.S. 1 (1968), a police ‘ ; officer can briefly detain a person based on reasonable suspicion that the person is involved in criminal a activity. In the present case, a uniformed police officer received a dispatch report that a red Mazda SUV , . ; ; was driving erratically. The officer located a vehicle that matched the description parked in a public parking . lot. Petitioner was observed sitting on a bench nearby. ; : The officer requested that Petitioner accompany him ; to his patrol car and requested Petitioner’s driver's __ , license. The officer retained the license and extended ~ : Petitioner’s detention until another officer arrived . on scene. While waiting, the officer smelled alcohol. ; Ultimately, Petitioner was arrested for DUI. ; : QUESTION: When the officer took and retained , . . _ Petitioner’s license, did it constitute a seizure for a Fourth Amendment purposes where reasonable sus_ picion did not exist that Petitioner had been driving : while intoxicated? : : ‘