Does a person have been "seized" under the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Thompson, 892 F.2d 1047 (9th Cir. 1989):
[A] person has been 'seized' within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he or she was not free to leave. United States v. Mendenhall, 446 U.S. 544, 554 (1980). We agree with the district court that, assessing the totality of the circumstances, none of the defendants was detained until discovery of the cocaine.
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