context: Under these circumstances a reasonable person would not have believed he was free "to disregard the police and go about his business." Canales was, therefore, detained.
citation_a.signal: see also
citation_a.identifier: 861 A.2d 1060, 1062-63
citation_a.parenthetical: defendant detained where defendant would have had to back up and maneuver around police car and officer to exit parking lot and officer shined headlights into vehicle
citation_a.sentence: See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, displayed badge, and said, “we need to talk to you”); see also United States v. Kerr, 817 F.2d 1384, 1386-87 (9th Cir.1987) (where police officer in marked vehicle blocked driveway as defendant attempted to back out, officer “provided [defendant] with no reasonable alternative except an encounter with the police”); People v. Cascio, 932 P.2d 1381, 1387 (Colo.1997) (noting courts have found detention exists when police car “wholly blocks the defendant’s ability to leave”); Riley v. State, 892 A.2d 370, 374 (Del.2006) (detention occurred when police approached vehicle with badges and flashlights, after parking their vehicle in such a way as to prevent defendant from driving away); State v. Jestice, 177 Vt. 513, 861 A.2d 1060, 1062-63 (2004) (defendant detained where defendant would have had to back up and maneuver around police car and officer to exit parking lot and officer shined headlights into vehicle); McChesney v. State, 988 P.2d 1071, 1075 (Wyo.1999) (noting use of police ear to block defendant’s car has been found to constitute seizure).
citation_b.signal: see
citation_b.identifier: 924 P.2d 1029, 1029-30
citation_b.parenthetical: defendant detained when officers approached on foot, displayed badge, and said, "we need to talk to you"
citation_b.sentence: See Rogers, 186 Ariz. at 510-11, 924 P.2d at 1029-30 (defendant detained when officers approached on foot, displayed badge, and said, “we need to talk to you”); see also United States v. Kerr, 817 F.2d 1384, 1386-87 (9th Cir.1987) (where police officer in marked vehicle blocked driveway as defendant attempted to back out, officer “provided [defendant] with no reasonable alternative except an encounter with the police”); People v. Cascio, 932 P.2d 1381, 1387 (Colo.1997) (noting courts have found detention exists when police car “wholly blocks the defendant’s ability to leave”); Riley v. State, 892 A.2d 370, 374 (Del.2006) (detention occurred when police approached vehicle with badges and flashlights, after parking their vehicle in such a way as to prevent defendant from driving away); State v. Jestice, 177 Vt. 513, 861 A.2d 1060, 1062-63 (2004) (defendant detained where defendant would have had to back up and maneuver around police car and officer to exit parking lot and officer shined headlights into vehicle); McChesney v. State, 988 P.2d 1071, 1075 (Wyo.1999) (noting use of police ear to block defendant’s car has been found to constitute seizure).