State v. Charles

A totality of the circumstances test is to be used when determining whether actions constituted a show of authority such that a reasonable person would have believed that the officer had intentionally and significantly restricted, interfered with, or otherwise deprived the individual of his or her liberty or freedom of movement.

Defendant appealed a judgment of conviction for driving under the influence. An officer responded to a call reporting a vehicle in a ditch in front of the owner’s residence. The officer knocked on the door of the residence. Defendant's wife answered and took responsibility for the accident. While at the door and speaking to defendant’s wife, the officer witnessed defendant stagger around the home and sit down in view of the door. The officer asked defendant to speak outside and defendant complied. At trial, defendant moved to suppress evidence of the pat down search that followed. This motion was denied. On appeal, Defendant argued he was unlawfully stopped when the officer knocked on the door of his residence, asked him to come outside and talk, accompanied him to a place outside to conduct field sobriety tests, read him his Miranda rights, and then asked for his consent to a patdown search. The court found that under all of the circumstances presented the officer's actions constituted a show of authority such that a reasonable person would have believed that the officer had intentionally and significantly restricted, interfered with, or otherwise deprived the individual of his liberty or freedom of movement. Reversed and Remanded.