What is the test for determining whether a police officer stopped or "seized" a person within the meaning of the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Wayne, 977 F.2d 594 (9th Cir. 1992):
Law enforcement officials have not stopped or "seized" a person within the meaning of the Fourth Amendment until, under the particular circumstances, a reasonable person would believe that he was not free to leave. United States v. Mendenhall, 446 U.S. 544, 554 (1980). An officer's subjective intention to detain a person "is irrelevant except insofar as that may have been conveyed" to the detainee. Id. at n. 6; see United States v. Woods, 720 F.2d 1022, 1026 (9th Cir.1983).
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