What constitutes a seizure for the purposes of the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from Sheppard v. Beerman, 18 F.3d 147 (2nd Cir. 1994):
In order to determine whether a particular encounter between police officers and an individual constitutes a "seizure" for the purposes of the Fourth Amendment, a court must decide "if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave." United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 1877, 64 L.Ed.2d 497 (1980).
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