Oliver v. State

Ernest Oliver appeals the denial of his' motion to suppress. Only one issue is presented for our review: Whether Oliver was “seized” for Fourth Amendment purposes prior to the search of his person. Finding that he was, we reverse.

Oliver was the passenger in a car that a police officer stopped for an inoperable tag light.1 After the stop, another officer and his K-9 came to the scene so that the K-9 could conduct an exterior search of the vehicle.2 Before conducting that search, the K-9 officer ordered Oliver and the driver to keep their hands on the dashboard. As noted by the trial judge, who…