The following excerpt is from United States v. Weaver, 18-1697-cr (2nd Cir. 2021):
[50] United States v. Mendenhall, 446 U.S. 544, 554 (1980); see also Torres v. Madrid, 141 S.Ct. 989, 1001 (2021) (discussing seizure by "acquisition of control"). Telltale signs of a "seizure" or "stop" include the "presence of several officers, the display of a weapon by an officer, some physical [unsearching] touching of the person . . ., or the use of language or tone of voice indicating that compliance with the officer's request might be compelled." See Mendenhall, 446 U.S. at 554. A seizure may also occur if an officer "appli[es] . . . physical force to the body of a person" that "objectively manifests an intent to restrain," "even if the force does not succeed in subduing the person." Torres, 141 S.Ct. at 99394, 998 (holding that "a seizure occurs when an officer shoots someone who temporarily eludes capture after the shooting").
[51] Of course, the parties (and the case law) agree that Weaver, the driver, and the back-seat passenger were seized from the moment the police stopped their vehicle. See, e.g., Brendlin v. California, 551 U.S. 249, 255 (2007).
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