California, United States of America
The following excerpt is from People v. Gauna, C056813 (Cal. App. 4/4/2008), C056813 (Cal. App. 2008):
"A person is detained for purposes of the Fourth Amendment only if `in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.' [Citations.] `"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."' [Citation.] Approaching a person, requesting to speak with him, asking for permission to search him, or . . . asking if he has a gun, do not transform an otherwise consensual encounter into a detention." (People v. Coulombe (2000) 86 Cal.App.4th 52, 57, fn. 3.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.