Seizure vs. Non-seizure encounters

Question 1

U.S. v. Mendenhall (1980)

Answer 1

a person has been seized only if, in view of all circumstances surrounding the incident, a reasonable person would have believed that they were not free to leave

Question 2

What factors weigh in favor of a stop being a seizure?

Answer 2

1. threatening presence of several officers;
2. officer’s display of a weapon;
3. physical touching;
4. language or tone of voice indicating the compliance may be compelled

U.S. v. Mendenhall (1980)

Question 4

U.S. v. Drayton (2002)

Answer 4

The arrest of one person does not mean that every person around him has been seized

Question 5

California v. Hodari (1991)

Answer 5

An arrest requires either:
1. physcial force; or
2. submission to the assertion of authority

Question 6

When does a show of authority not constitute a seizure?

Answer 6

If the subject of the show of authority does not yield to it