Plaintiff argues that because law enforcement officials held onto his identification, their actions constituted a seizure. Indeed, “the retention of a citizen’s identification or other personal property or effects is highly material under the totality of the circumstances analysis.” United States v. Black, 707 F.3d 531, 538 (4th Cir. 2013) (citation and internal quotations omitted). Nonetheless, retention of personal effects is not dispositive. Id. In Black, the officers had already frisked two of Black’s compatriots, indicating that Black was not free to leave until the officers did the same to him. Id. Moreover, in Black, seven uniformed officers reported to the scene; such a large number would likely have intimidated a reasonable person in Black’s situation. Id. Here, there was no such indication that Machie was compelled to stay; officers made no physical contact with anyone during the course of their interaction with Machie, and there were far fewer law enforcement officers at Machie’s residence. Further, the instant case is distinct from United States v. Jones, 678 F.3d 293, 301 (4th Cir. 2012), inasmuch as there is no evidence suggesting that the officers blocked Machie’s car in an effort to prevent him from leaving. Hence, in light
Posted on: Wed, 03 Jul 2013 03:44:33 +0000