E.D.Pa.: No seizure until def made to accompany officer to security office

Police used intel to make an inquiry of defendant. Until he was made to accompany the officer to a security office, he wasn’t seized. Then, there was consent on the totality. United States v. Martin, 2018 U.S. Dist. LEXIS 134183 (E.D. Pa. Aug. 9, 2018)*:

We understand that being stopped by a law enforcement officer is anxiety producing. However, the analysis here is the result of an ongoing process of weighing Fourth Amendment interests against law enforcement’s duties. See, e.g., Mendenhall, 446 U.S. at 554 (noting the Court’s hesitation to characterize every encounter between citizens and police as a seizure to avoid imposing “unrealistic restrictions upon … legitimate law enforcement practices”). Balancing the circumstances here, we conclude that Martin was objectively free to leave, and thus was not seized by Burk until he was made to accompany Burk to the security office.

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