Under what circumstances can an individual claim to have been seized without being physically detained?

An individual can claim to have been seized without being physically detained when they feel intimidated by the police presence. The concept of being "seized" in legal terms refers to situations where a reasonable person would not feel free to leave or to terminate the interaction with law enforcement. This can occur even if no physical restraint is imposed.

If an officer's demeanor, tone, or actions convey authority and create a sense of intimidation, a reasonable person may perceive that they are not free to go. Courts consider the totality of the circumstances, which means they will look at the officer's conduct and the context of the encounter. This perception can lead to a claim of seizure based on an intimidating police presence, even in the absence of physical detention.

In contrast, police questioning, unclear instructions, or witnessing police pursuing a suspect do not inherently create a feeling of being seized. These situations can vary widely and do not necessarily involve the same level of intimidation or authority that would impact an individual's freedom to leave.