California, United States of America
The following excerpt is from People v. Meeks, B254317 (Cal. App. 2015):
Cal.4th 805, 821.) "'[A] person has been "seized" within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.'" "[T]here must also be an actual taking into custody, whether by the application of physical force or by submission to the assertion of authority. [Citation.]" (People v. Brendlin (2006) 38 Cal.4th 1107, 1115.) "A seizure occurs when the police, by the application of physical force or show of authority, seek to restrain the person's liberty [citations]; the police conduct communicates to a reasonable innocent person that the person was not free to decline the officer's request or otherwise terminate the encounter [citation]; and the person actually submitted to that authority [citation] for reasons not 'independent' of the official show of authority [citation]." (Id. at p. 1118.)
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