TN: Arrival of a police squad with arrest warrants was a “seizure” despite defendant’s flight

Several police cars from Knoxville PD pulled up at a house with arrest warrants for people known to hang out there. Defendant saw them and fled and was pursued. The arrival of that many police was a “seizure” under the Fourth Amendment and the state constitution despite the flight, following prior state precedent. State v. Nelson, 2014 Tenn. Crim. App. LEXIS 802 (August 18, 2014):

In the instant case, Officer Stryker testified that he and several other officers parked their vehicle in front of the residence near where the Defendant was standing on the front porch. Officer Stryker and the other officer simultaneously exited the vehicle wearing badges and vests with “police” on them in large letters, and Officer Stryker had his service weapon. At the same time, multiple other marked vehicles also arrived and parked in the area immediately surrounding the residence. The purpose of the encounter was to serve arrest warrants on suspects known to frequent the residence. As soon as Officer Stryker exited the vehicle, the Defendant began to run, and Officer Stryker gave chase. It is apparent from these facts that the Defendant attempted to terminate the encounter by fleeing, and Officer Stryker pursued him. Based on those circumstances, we hold that the Defendant was “seized” within the meaning of the Fourth Amendment and article I, section 7 of the Tennessee Constitution at the moment Officer Stryker began to pursue the Defendant. See Daniel, 12 S.W.3d at 425-26 (holding that an officer’s pursuit of an “individual who has attempted to terminate the contact by departing” constitutes a seizure).