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State v. Sparr

11/23/2004

was seized, it was not unreasonable, as it was limited in time and scope and was done out of justifiable concerns for safety. Finally, while Sparr argues that Reynolds stopped his cruiser so as to "box [her] in," brief for appellant at 12, careful review of the videotape shows that where Reynolds stopped his cruiser was dictated by where Mahoney stopped her vehicle. Reynolds stopped a short distance behind Mahoney and positioned his cruiser to the left of her rear bumper to enable the video camera to capture his interaction with her. In any event, to the extent that this argument is designed to bolster the conclusion that Sparr was seized, we agree that she was seized. But, she was not seized or detained in violation of the Fourth Amendment. Accordingly, while our reasoning is slightly different from the trial court's, we find that the trial court did not err in overruling the motion to suppress and that the district court did not err in its affirmance of that ruling. Affirmed.

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