Seizure occurs only when police conduct communicates to reasonable person that person is not free to decline officer’s requests

SEARCH & SEIZURE United States v. Ladeaux, No. 05-8097, ___ F.3d ___ (10th Cir. Jul. 13, 2006)(Wyoming). Appeal of conviction for possession of cocaine and marijuana by challenging district court’s denial of defendant’s motion to suppress evidence seized during traffic stop. HELD: Fourth Amendment seizure occurs only when police conduct communicates to reasonable person that person is not free to decline officer’s requests. Thus, in situation where officer directed driver and passenger to exit vehicle during traffic stop and then told one or other to close windows and open vents to facilitate exterior sniff by drug dog, district court must determine whether officer’s request required compliance or merely solicited cooperation. If officer requested closure of windows and opening of vents in such way that objective person would have felt free to decline request, even in absence of reasonable suspicion that vehicle contained contraband drugs, Fourth Amendment is not implicated. Read the opinion here.