Does a police officer who approached a group of people walking in the middle of the night, ask them if they could talk to them for a minute?

¹¹ McGinley testified somewhat inconsistently on this point, stating that, upon his approach, he both "asked them if [he] could talk to them for a minute," J. App. 282, and that he "asked them to stop," J. App. 283. There is no dispute that they did in fact stop walking in response to whatever was said. Had he in fact ordered them to stop, these circumstances might have been sufficient to constitute a seizure. See United States v. Simmons , 560 F.3d 98, 10506 (2d Cir. 2009) ("A police officer's order to stop constitutes a seizure if a reasonable person would have believed that he was not free to leave, ... and the person complies with the officer's order to stop." (first quoting United States v. Mendenhall , 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980), and then citing United States v. Swindle , 407 F.3d 562, 572 (2d Cir. 2005) )).