Is an investigative detention considered a seizure of a person?

An investigative detention is indeed considered a seizure of a person. This is rooted in the legal definition of a "seizure," which occurs when law enforcement officers restrict an individual's freedom of movement. During an investigative detention, the individual is not free to leave, and officers may temporarily detain them based on reasonable suspicion that the person is involved in criminal activity.

The key factor in defining this detention as a seizure is the degree of control exercised by law enforcement. Even though the individual is not formally arrested, the situation nonetheless constitutes a seizure under the Fourth Amendment. The Supreme Court has clarified that a seizure can occur even when the individual is not formally charged or arrested, provided that the police have restricted their liberty in a meaningful way.

Understanding this concept is essential in discerning legal thresholds for detaining individuals, as it aligns with the necessity for police to balance public safety and the rights of the individual.