The following excerpt is from Kaur v. City of Lodi, No. 2:14-cv-00828-GEB-AC (E.D. Cal. 2015):
Id. (internal quotation marks and citations omitted). "A police officer may make a seizure by a show of authority and without the use of physical force, but there is no seizure without actual submission; otherwise, there is at most an attempted seizure, so far as the Fourth Amendment is concerned." Brendlin v. Cal., 551 U.S. 249, 254 (2007); see, e.g., United States v. McClendon, 713 F.3d 1211, 1215 (9th Cir. 2013) (holding an individual was not seized "when [police] officers drew their guns and told him he was under arrest" "where . . . [he] walk[ed] away from and refuse[d] to comply with the commands of [the] officers").
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