Under what circumstances will a search warrant be granted?

Findings of fact underlying the determination of the lawfulness of a search are reviewed for clear error. See United States v. McConney, 728 F.2d 1195, 1200-1201 (9th Cir.) (en banc), cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984). The determination itself is a mixed question of law and fact which is reviewed de novo. See United States v. Feldman, 788 F.2d 544, 550 (9th Cir.1986), cert. denied, --- U.S. ----, 107 S.Ct. 1361, 94 L.Ed.2d 531 (1987).

Analysis

Absent restraint on a suspect's freedom of action, a temporary investigatory stop does not rise to the level of a "seizure" of the person within the meaning of the Fourth Amendment. Officers do not violate the Fourth Amendment by approaching an individual in a public place and putting questions to him if he is willing to answer. See Florida v. Royer, 460 U.S. 491, 497, 103 S.Ct. 1319, 1323, 75 L.Ed.2d 229 (1983). Thus, not all encounters between law enforcement agents and citizens amount to seizures of the person. It is only when the agent curtails freedom of action, by way of physical force or a display of authority, that a "seizure" has occurred for Fourth Amendment purposes.