What is the test for determining whether a person has been "seized" by a police officer?

California, United States of America


The following excerpt is from People v. Doucette, G040417 (Cal. App. 1/21/2010), G040417. (Cal. App. 2010):

To determine whether the Fourth Amendment is implicated, we do not look to the defendant's experience or the officer's subjective intent, but instead focus on the response of a "`reasonable person.'" (Michigan v. Chesternut (1988) 486 U.S. 567, 574.) "[A] person has been `seized' within the meaning 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." (United States v. Mendenhall (1980) 446 U.S. 544, 554, fn. omitted.) "Examples of circumstances that might indicate a seizure, even where the person did not attempt to leave, would be the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled." (Ibid.) By contrast, a consensual encounter results in no restraint on an individual's liberty, and therefore, no seizure within the meaning of the Fourth Amendment. (Wilson v. Superior Court (1983) 34 Cal.3d 777, 784.)

Other Questions


What is the test for a police officer to determine whether a person is a person subject to PRCS? (California, United States of America)
What is the test for determining whether a police officer has the authority to arrest a person for possession of marijuana? (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)
When a police officer sees a person working with a camera and driver's license working with their confederate, can the officer seize the items from the place where they were hidden? (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)
What is the test for determining whether a person is entitled to "free leave" when confronted by a police officer? (California, United States of America)
What is the "reasonable person" standard in determining whether a person is a reasonable person? (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)
Can a police officer sue an officer from another police force for personal injury? (California, United States of America)
When a police officer has an objective, reasonable, articulable suspicion a person has committed a crime or is about to commit a crime, can the officer briefly detain the person? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.