Does a jury have to agree that a person is seized within the meaning of the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from Davis v. Mason County, 927 F.2d 1473 (9th Cir. 1991):
The district court instructed the jury that "[a] person is seized within the meaning of the Fourth Amendment whenever a police officer restrains his or her freedom to walk or drive away." This instruction stated the law correctly. See Tennessee v. Garner, 471 U.S. 1, 7, 105 S.Ct. 1694, 1699, 85 L.Ed.2d 1 (1985).
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