What is the test for detention under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Gauna, C056813 (Cal. App. 4/4/2008), C056813 (Cal. App. 2008):

"A person is detained for purposes of the Fourth Amendment only if `in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.' [Citations.] `"Only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen[,] may we conclude that a `seizure' has occurred."' [Citation.] Approaching a person, requesting to speak with him, asking for permission to search him, or . . . asking if he has a gun, do not transform an otherwise consensual encounter into a detention." (People v. Coulombe (2000) 86 Cal.App.4th 52, 57, fn. 3.)

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