The following excerpt is from Fresno Rock Taco, LLC v. Rodriguez, CASE NO. 1:11-cv-00622-LJO-SKO (E.D. Cal. 2013):
The Fourth Amendment protects against unreasonable searches and seizures. "[A] person is 'seized' only when, by means of physical force or a show of authority, his freedom of movement is restrained." United States v. Mendenhall, 446 U.S. 544, 553 (1980). A person is "seized" within the meaning of the Fourth Amendment if, "in view of all of the circumstances surrounding the incident, a
Page 7
reasonable person would have believed that he was not free to leave." Id. at 554.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.