What constitutes a "state seizure" under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Hamilton, C082985 (Cal. App. 2018):

"Any police restraint of the liberty of an individual either by physical force or by an assertion of authority to which the individual submits, in circumstances in which a reasonable person would have believed he or she was not free to leave, will constitute a state 'seizure' of the individual within the meaning of the Fourth Amendment." (People v. Soun (1995) 34 Cal.App.4th 1499, 1515 (Soun).) "Such a seizure is normally characterized as either a 'detention' or an 'arrest.' " (Ibid.)

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