What constitutes a "seized" under the Fourth Amendment?

California, United States of America


The following excerpt is from The People v. Rodriguez, 80 Cal.App.4th 372, 95 Cal.Rptr.2d 299 (Cal. App. 2000):

A person is "seized" within the meaning of the Fourth Amendment only when he is physically restrained or voluntarily submits to a peace officer's show of authority. (People v. Arangure (1991) 230 Cal.App.3d 1302, 1307.) The requisite show of authority exists when a reasonable person would believe he was not free to leave. (People v. Arangure, supra, 230 Cal.App.3d at 1305-1308.)

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