What is the test for determining whether a seizure is a seizure?
California, United States of America
The following excerpt is from People v. Jones, C059463 (Cal. App. 2/11/2009), C059463. (Cal. App. 2009):
"[I]n order to determine whether a particular encounter constitutes a seizure, a court must consider all the circumstances surrounding the encounter to determine whether the police conduct would have communicated to a reasonable person that the person was not free to decline the officers' requests or otherwise terminate the encounter." (Florida v. Bostick, supra, 501 U.S. at p. 439 [115 L.Ed.2d at pp. 401-402].)
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