How is actual seizure defined in a law enforcement context?

In a law enforcement context, actual seizure is defined as the act of taking possession of a person or property, which occurs through either the application of physical force or the submission to the authority of the officer. This means that there is a clear indication that an officer has taken control over an individual or item, establishing that the individual or item is no longer free to leave or be moved without law enforcement permission.

This principle is integral to understanding the thresholds for lawful seizures under the Fourth Amendment. An officer may physically restrain an individual to effectuate an arrest or may render a property under their control through physical means. Additionally, if an individual submits to an officer’s show of authority—such as complying when an officer orders them to stop or to present their identification—this also constitutes a seizure.

The other choices do not effectively capture the definition of actual seizure. Verbal orders from an officer may not result in a seizure if the individual does not comply. The phrase "based on the officer's discretion" lacks the foundational requirement for physical action or submission necessary to establish a seizure. Lastly, a suspect's admission of guilt is not a condition for seizure; an admission can occur after the seizure has taken place and does not impact the legality of the initial seizure