What constitutes a seizure when a police officer stops a person from walking away?

California, United States of America

The following excerpt is from People v. Valenzuela, H046675 (Cal. App. 2020):

"A seizure occurs whenever a police officer 'by means of physical force or show of authority' restrains the liberty of a person to walk away." (Souza, supra, 9 Cal.4th at p. 229.) While an officer may request consent to search, "if the manner in which the request was made constituted a show of authority such that [the person] reasonably might believe he [or she] had to comply, then the encounter was transformed into a detention." (People v. Franklin (1987) 192 Cal.App.3d 935, 941.)

Other Questions

Is an individual who has been stopped by police in the middle of the street in what circumstances is the individual entitled to continue to walk the public streets "only at the whim of any police officer who happens to stop that individual"? (California, United States of America)
When stopped by a police officer for failing to stop a pedestrian on a sidewalk, does the officer have jurisdiction to stop the pedestrian? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Is a brief stop by a police officer to pose a question to the occupant constitute a "seizure" for the Fourth Amendment? (California, United States of America)
Does a police officer have been found in breach of section 69 of the California Civil Code of Civil Procedure by failing to stop a man from running away from an officer? (California, United States of America)
What is a seizure when a police officer stops a person from leaving the scene? (California, United States of America)
Can a police officer sue an officer from another police force for personal injury? (California, United States of America)
What constitutes a detention when a police officer says "stop" and the suspect does not actually stop? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.






Alexi purple


Company

  • About
  • Contact us
  • Press
  • Matters
  • Legal

    • Product

  • How it works
  • Pricing
  • Solo & small firms
  • Midsize firms
  • Large firms
  • In-house counsel

    • Resources

  • Resource hub
  • Sample memos
  • Blog
  • FAQ


    • © Copyright 2023 Alexi Inc. All rights reserved.