What constitutes a seizure under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Walker, 152 Cal.Rptr.3d 424, 210 Cal.App.4th 1372 (Cal. App. 2013):

A person is deemed to have been seized within the meaning of the [152 Cal.Rptr.3d 432]Fourth Amendment [citation] ... only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave. (Michigan v. Chesternut (1988) 486 U.S. 567, 573, 108 S.Ct. 1975, 100 L.Ed.2d 565, fn. omitted, quoting United States v. Mendenhall (1980) 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497; see also Wilson v. Superior Court, supra, 34 Cal.3d at pp. 790791, 195 Cal.Rptr. 671, 670 P.2d 325.) Examples of conditions which might indicate a detention or seizure under a reasonable person standard include a threatening police presence, the display of a weapon by an officer, the physical touching of the citizen approached, or the officer's language or voice indicating compliance with police demands might be compelled. [Citations.] There is no bright line rule indicating the point at which police conduct becomes a seizure. The

[210 Cal.App.4th 1383]

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