What constitutes a seizure of a person?

A seizure of a person occurs when law enforcement takes control of an individual’s movement or liberty, which can happen in two primary ways: through the use of physical force or through the voluntary submission to an officer’s authority. When a person yields to an officer's direction, whether they realize it or not, they are considered to be seized under the Fourth Amendment. The key aspect here is that there is a restriction on the individual's freedom, which qualifies as a seizure.

In the context of law enforcement, the element of voluntary submission indicates that the individual is complying with an officer's request or directive, which often happens even in the absence of physical restraint. This acknowledgment of authority defines the seizure, distinguishing it from merely passing interactions or requests for identification that do not restrict the individual’s freedom to leave.

While involuntary detention, the use of handcuffs, or requests for identification may relate to the overall context of policing, they do not universally constitute a seizure by themselves without additional elements such as an officer's assertion of authority. Handcuffing may indicate a seizure at the point of arrest, but not every interaction involving handcuffs is inherently a seizure if it is not accompanied by a restriction on the person's liberty or a failure to comply. Similarly