Which statement best defines a seizure under the Fourth Amendment?

Which statement best defines a seizure under the Fourth Amendment?

• A. A person submits to a police show of authority and a reasonable person would not feel free to leave or terminate the encounter.
• B. Police intentionally apply force upon a person with the intent to stop that person's freedom of movement, even if they don't submit.
• C. A person is detained for questioning without probable cause.
• D. A person gives consent to search.

Answer: (A)

A seizure happens when police exercise authority in a way that a reasonable person would not feel free to end the encounter or leave, and the person submits to that authority. The key is the combination of a show of authority and the escaping of freedom to leave, which makes the person effectively restrained. The statement that describes submitting to a police show of authority and a reasonable person not feeling free to leave captures that dynamic precisely. Detaining someone without probable cause describes a stop, which is a related concept but not the exact definition of a seizure here. Consent to search is a voluntary waiver of rights, not a seizure. Using force to stop movement can contribute to a seizure, but the essential criterion is whether the person is not free to leave and submits to the authority.

A seizure happens when police exercise authority in a way that a reasonable person would not feel free to end the encounter or leave, and the person submits to that authority. The key is the combination of a show of authority and the escaping of freedom to leave, which makes the person effectively restrained. The statement that describes submitting to a police show of authority and a reasonable person not feeling free to leave captures that dynamic precisely.

Detaining someone without probable cause describes a stop, which is a related concept but not the exact definition of a seizure here. Consent to search is a voluntary waiver of rights, not a seizure. Using force to stop movement can contribute to a seizure, but the essential criterion is whether the person is not free to leave and submits to the authority.