Is it a seizure under the Fourth Amendment if the officer ordered him to leave his friend's apartment and walk to the bodega?

MultiRegion, United States of America

The following excerpt is from Urbina v. City of N.Y., 16-349-cv (2nd Cir. 2016):

Urbina also maintains that he plausibly alleges he was in "constructive custody" before he walked to the bodega because the officers commanded him to leave his friend's apartment and to proceed away in a particular direction. He is mistaken. Because Urbina was ultimately free to leave, the officers' direction that he depart his friend's apartment and proceed down a specific street is not a seizure under the Fourth Amendment. See Salmon v. Blesser, 802 F.3d 249, 253 (2d Cir. 2015).

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