What constitutes a seizure under the Fourth Amendment?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

A seizure under the Fourth Amendment occurs when a reasonable person would not feel free to leave due to the actions of law enforcement. This concept is grounded in the understanding that the Fourth Amendment protects against unreasonable searches and seizures, which includes protection from coercive tactics that might lead one to feel compelled to remain in a location or under an officer’s control.

In the context of this question, the phrasing "a reasonable person believes they are not free to leave" effectively captures the essence of what constitutes a seizure. This determination is based on the totality of the circumstances, including the behavior of the law enforcement officer, the location of the interaction, and the nature of any questioning or directives given to the individual.

Other options, while related to concepts of police interactions, do not accurately or comprehensively define seizure under the Fourth Amendment. For example, simply restricting a person’s movement without probable cause might not meet the threshold for a seizure if a reasonable person could still feel free to leave. Additionally, apprehending someone for questioning without consent does not inherently imply that a seizure has occurred unless it meets the criteria that would lead a reasonable person to feel they cannot leave. Similarly, placing someone in custody is a specific action that suggests a seizure, but the broader definition

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