On February 9, 2015, at approximately 8:29 pm, tow police officers were driving southbound on Pine Street in Eureka, California. As the officers approached the intersection of Pine Street and Wabash Avenue, the observed a small purple hatchback vehicle without illuminated rear or brake lights, rolling backwards towards the intersection. Not knowing if there was a driver in the vehicle, the officers positioned their patrol car behind the hatchback vehicle to keep it from rolling further down the street. Seconds later, the vehicle came to a stop, a driver exited from the driver's side of the vehicle, and proceeded to push it to a nearby curb.

Officer Harkness exited his patrol car and contacted the driver as he began to lift the hood of his vehicle. The officer asked if he could assist the driver with his disabled vehicle, offering a tow or a ride to someone who could repair the car, but the driver replied, "that he didn't really need any assistance." Driver was wearing a hooded sweat shirt, with a visibly heavy item bulging from the front pocket. As the interaction progressed the officer noticed the driver appeared nervous and continued touching the bulging item in the front pocket of his sweat shirt.

Eventually, Officer Harkness asked the driver to step out of the roadway and onto the sidewalk. When on the sidewalk, Harkness asked for the driver's name and date of birth. Driver provided the information, nervously adding that he was not on probation or parole. The officers then reported the driver's name to dispatch. Driver continued to appear nervous, answering questions rapidly and continuously, while looking from one officer to the other in "really quick, target glances." At one point, Harkness asked the driver to refrain from reaching into the front pocket of his sweatshirt, fearing it may contain a weapon. Driver also asked the officer if he could smoke a cigarette and Harkness responded by stating, "there was no reason that he couldn't smoke a cigarette."

After a few minutes, dispatch informed the officers that the driver's license as suspended. After learning of the driver's suspended license, Officer Harkness "took hold of" the driver's right arm and told him to put his hands behind his back. When the driver resisted, the officers took a firm grip on him to prevent him from reaching into his front pocket. Driver was once again told to place his hands behind his back. After the driver refused to cooperate a second time, the officers subdued him, placed him on his stomach, and handcuffed him. Officer Soltow pat searched the driver, felt what he believed to be a gun, and reached into driver's front sweat shirt pocket, finding a loaded handgun.

IRAC Grading Rubric:

Issue

The Issue section identifies the area of law that is relevant to the problem question and clearly describes the legal problems that need to be addressed.

Rules

The Rules section identifies the relevant legal principles and their sources of authority. The source of authority will be an Act of Parliament, case law or a combination of both. If there is an Act of Parliament which covers the filed in the area, you need to correctly identify the Act and whether it is a Commonwealth or State Act.

Analysis

The Analysis section considers each legal principle identified in the Rules section and explains its relevance to the facts and how it can be applied or distinguished to support logical arguments about how the Issue will be revealed.

Conclusion

The Conclusion is stated and provides an overview of how the arguments in the Application section address the Issue.

Respond to the following question:

Did the officer's request to remove the driver's hands from his pocket elevate the encounter to a detention? MUST use the IRAC approach, discuss in detail.