People v. Cummings

This case presents question as to whether, in instant prosecution on driving vehicle while driver's license was suspended, trial court properly suppressed evidence of male defendant’s driver’s license status, under circumstances where officer’s sole purpose for stopping vehicle in which defendant was driver was to determine whether driver was female owner of said vehicle who was subject of arrest warrant, and where officer, after determining that defendant was not said owner, asked for defendant’s driver’s license. Although defendant conceded that officer made valid stop of vehicle to determine identity of driver, Appellate Court, in affirming instant suppression order, found that defendant had been subjected to unreasonable seizure when officer requested him to produce driver’s license since officer’s reasonable suspicion of any criminal activity had dissipated at time of said request. Appellate Court further noted, though, that it would have been reasonable for officer to explain reason for stop, advise defendant that he was free to go, and then request defendant’s license in context of consensual encounter. (Dissent filed.)