The following excerpt is from Chew v. Gates, 27 F.3d 1432 (9th Cir. 1994):
"To determine the constitutionality of a seizure '[w]e must balance the nature and quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion'." Tennessee v. Garner, 471 U.S. at 8, 105 S.Ct. at 1699-1700 (quoting United States v. Place, 462 U.S. 696, 703, 103 S.Ct. 2637, 2642, 77 L.Ed.2d 110 (1983)). In this respect, "reasonableness depends on not only when a seizure is made, but also how it is carried out." Id. (emphasis added). The question we must answer is "whether the totality of the circumstances justified a particular sort of ... seizure." Id. 471 U.S. at 8-9, 105 S.Ct. at 1699-1700 (emphasis added).
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