People v. Biagi

Court erred in granting Defendant's motion to suppress evidence and in granting his petition to rescind statutory summary suspension (SSS) of his driver's license. Trooper showed no coercive behavior and no physical force or show of authority to restrain Defendant's liberty. Thus, his encounter with Defendant, prior to trooper observing signs that Defendant was under the influence, was consensual and not a seizure. Trooper could reasonably have concluded that Defendant was experiencing distress, as Defendant was driving 20 mph under speed limit, then slowed and stopped in front of him on shoulder of a dark and deserted rural road in middle of night, any alleged seizure was reasonable under community caretaking doctrine. No unreasonable seizure in trooper taking Defendant's license and registration back to squad car, as Defendant offered them to trooper, and as there is evidence that a reasonable, articulable suspicion of criminal activity had arisen by then. (CHAPMAN, concurring; WELCH, dissenting.)