"Am I free to go, officer?" Detention explained

Not every interaction with a police officer is protected by the Constitution. Whether the Constitution applies depends on whether the person was “detained.”

Legally, in Minnesota a detention/seizure occurs when an officer limits an individual’s liberty using physical force or show of authority. [1] Another way of thinking about it is whether a reasonable person would feel free to leave and no longer engage with the officer. If a court determines that a reasonable person would NOT feel free, then that is a detention and constitutional protections apply.  

The 2002 Minnesota Court of Appeals case of State v. Johnson helps provide context for what this means.

This case concerns the actions of an officer who pulled over a vehicle with a broken left brake light. Three people were riding in the vehicle; Mr. Johnson was in the back seat. The driver only had an instructional permit, which requires a licensed driver over 18 years old to be present. The officer asked to see a license from the front passenger and Mr. Johnson. Both indicated that they did not have a license. Mr. Johnson, however, had his identification card.  

The officer took the ID, told the driver to remain in the vehicle, and went to his squad car to run a warrants check. The officer learned Mr. Johnson had an active warrant, arrested Mr. Johnson, and found a loaded revolver on him. The State charged and convicted Mr. Johnson for an illegal possession of a firearm.

Mr. Johnson’s defense attorney argued the police violated the 4th Amendment. As Mr. Johnson was the back passenger, the defense argued there was no reasonable suspicion that Mr. Johnson was committing a crime and therefore no reason to take his identification. Specifically, the attorney argued that taking someone’s identification was a detention.

The Court of Appeals agreed and reversed Mr. Johnson’s conviction. While the officer had the authority to stop the vehicle because of the broken taillight and ask if the passengers had a license given the driver only had an instruction permit, he did not have any legal right to take Mr. Johnson’s ID. The Court found that a detention occurs when an officer takes a person’s identification card because a reasonable person would not feel free to leave in this type situation. Specifically, a reasonable person would not leave their property behind.

Everyday interactions with police can sometimes be confusing. While attending neighborhood events or asking an officer for directions are obviously not detentions, other contacts may not be as straight forward. We are here to help community members understand whether the State has violated their rights.

Today, it is not enough to simply know your rights; you need to understand how Courts have interpreted those rights in the past to understand how they apply to you today.

To protect your freedom, understand your rights.

[1] State v. Johnson, 645 N.W.2d 505 (2002)

Legal Disclaimer: This information is provided for educational purposes and is not legal advice. If you have questions regarding a legal matter, please contact our office for assistance or reach out to an attorney who may be able to help you understand how the law may apply to different circumstances.