What is the test for a search and seizure under the search warrant?

Whether a seizure occurred and, if so, whether it was justified by the requisite showing, are questions of law to be reviewed de novo. See United States v. Glover, 957 F.2d 1004, 1007 (2d Cir.1992) (citing United States v. Springer, 946 F.2d 1012, 1015 (2d Cir.1991)). At what point a permissible investigative detention ripens into an arrest is a question of fact, see Posr v. Doherty, 944 F.2d 91, 99 (2d Cir.1991), which we review for clear error, see Glover, 957 F.2d at 1007. In conducting our review, we must construe all evidence in the light most favorable to the government. See id.

B. General Principles

As our cases make clear, there are three levels of interaction between agents of the government and private citizens. See id. at 1008; United States v. Hooper, 935 F.2d 484, 490 (2d Cir.), cert. denied, 502 U.S. 1015, 112 S.Ct. 663, 116 L.Ed.2d 754 (1991). Consensual encounters require no justification so " 'long as the police do not convey a message that compliance with their requests is required.' " Glover, 957 F.2d at 1008 (quoting Florida v. Bostick, 501 U.S. 429, 435, 111 S.Ct. 2382, 2386, 115 L.Ed.2d 389 (1991)). Investigative detentions, the second category, require "reasonable suspicion" to believe that criminal activity has occurred or is about to occur. Glover, 957 F.2d at 1008. Arrests, requiring a showing of probable cause, comprise the third type of encounter between citizens and government agents. See id.