California, United States of America
The following excerpt is from People v. Robinson, A155304 (Cal. App. 2019):
p. 58.) "[O]ther relevant factors include the time and place of the encounter, whether the police indicated the defendant was suspected of a crime, whether the police retained the defendant's documents, and whether the police exhibited other threatening behavior." (Ibid.) In contrast, "[w]hen the actions of the police do not show an unambiguous intent to restrain or when an individual's submission to a show of governmental authority takes the form of passive acquiescence, there needs to be some test for telling when a seizure occurs in response to authority and when it does not." (Brendlin v. California, supra, 551 U.S. at p. 255.)
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