Under Terry v. Ohio, 392 U.S. 1 (1968), a police officer can briefly detain a person based on reasonable suspicion that the person is involved in criminal activity. In the present case, a uniformed police officer received a dispatch report that a red Mazda SUV was driving erratically. The officer located a vehicle that matched the description parked in a public parking lot. Petitioner was observed sitting on a bench nearby. The officer requested that Petitioner accompany him to his patrol car and requested Petitioner's driver's license. The officer retained the license and extended Petitioner's detention until another officer arrived on scene. While waiting, the officer smelled alcohol. Ultimately, Petitioner was arrested for DUI.

QUESTION: When the officer took and retained Petitioner's license, did it constitute a seizure for Fourth Amendment purposes where reasonable suspicion did not exist that Petitioner had been driving while intoxicated?

When the officer took and retained Petitioner's license, did it constitute a seizure for Fourth Amendment purposes where reasonable suspicion did not exist that Petitioner had been driving while intoxicated?