Also known as: shows of authority
Written by attorneys · grounded in primary & secondary sources — see below
An assertion of official power by a law enforcement officer through words or conduct that may effect a Fourth Amendment seizure only if the person submits to it. Submission must be shown by actual compliance rather than flight or continued movement away from the officer. A mere command to stop or display of authority standing alone does not constitute a seizure.
City police officers patrolling a downtown construction site shined a spotlight on Skylar Sullivan standing by stacked materials. An officer loudly ordered Skylar to come over. Skylar backed through a gap in the fence and ran along the perimeter before tossing a tool bag into a dumpster. Officers later tackled Skylar on the ground.
Officers entered Stella Shapiro's home at night without a warrant and began questioning her family members. Stella paused briefly upon seeing the officers' badges but then moved toward the back door. An officer grabbed her arm before she reached the exit.
An officer approached Sebastian Santos on a public sidewalk and issued a direct command to stop for questioning. Sebastian glanced back but continued walking faster toward the next block. The officer then pursued on foot without making physical contact.
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Officers activated lights and sirens while chasing Simone Sanders's vehicle through city streets. Simone maintained speed and did not pull over despite the clear show of authority. The chase ended only when the vehicle crashed into a barrier.
An officer stepped in front of Sean Steele on a sidewalk and ordered him to halt for a brief inquiry. Sean turned and ran down an alley without complying. Officers caught up only after Sean discarded an item behind a trash bin.
Officers in an unmarked car signaled Selena Singh to pull over on a busy roadway. Selena accelerated instead of stopping and later tossed a package from the window during the chase. Officers made physical contact only after the package was discarded.
No. A command constitutes only a show of authority. Seizure requires either physical force or the suspect's actual submission to that authority.
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Submission occurs when the person yields by stopping or complying with the officer's directive rather than fleeing or continuing to move away.
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It does not. An attempted grab that the suspect evades counts only as pursuit unless the suspect submits or physical force actually restrains movement.
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No. Blocking a path is a show of authority. Without submission or physical restraint the encounter remains an attempted stop rather than a completed seizure.
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No. A brief pause that is immediately followed by flight does not demonstrate the sustained compliance required for submission to a show of authority.
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…intercourse between policemen and citizens involves "seizures" of persons. Only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen may we conclude that a "seizure" has occurred. We cannot tell with any certainty upon this record whether any such "seizure" took place…