Does a seizure constitute a seizure when the seizure occurs as a result of a consensual sexual encounter?
California, United States of America
The following excerpt is from People v. Pena, C080140 (Cal. App. 2016):
conduct, taken as a whole, rather than to focus on particular details of that conduct in isolation" (Michigan v. Chesternut (1988) 486 U.S. 567, 573 [100 L.Ed.2d 565, 572]), they do not necessarily transform the encounter from a consensual one to a seizure.
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