What constitutes a seizure within the meaning of the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Hernandez, G047223 (Cal. App. 2013):

A seizure within the meaning of the Fourth Amendment occurs whenever an individual's liberty is restrained by the police, either by physical force or by an assertion of authority to which the individual submits, in circumstances in which a reasonable person would have believed he or she was not free to leave. (People v. Soun (1995) 34 Cal.App.4th 1499, 1515.)

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