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When am I considered seized under the Fourth Amendment to the US Constitution?

You are seized within the meaning of the Fourth Amendment if a New York City Police Department police officer communicates to you or conduct is such that a reasonable person under the circumstance would believe that they were not free to leave.

Two things must happen for there to be a seizure of a person.

First, the police must show authority. The use of forceful language, physical contact, the presence of handcuffs or weapons is strong evidence of authority.

Second, the person being seized must submit to the authority of the police. If you walk away then you were not seized.

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