Which action can create a 4th Amendment seizure?

The application of force, however slight, can create a seizure under the Fourth Amendment because it signifies a restriction on an individual’s freedom of movement. The Fourth Amendment protects individuals from unreasonable searches and seizures, and any use of force by law enforcement officers, even minimal, can signal to a reasonable person that they are not free to leave or disregard the officer's authority.

In legal terms, a seizure occurs when law enforcement takes action that restricts a person's liberty. The application of force is a clear indicator of an officer's intent to exert control over a situation or individual, thus constituting a seizure regardless of the degree of force used. In contrast, actions like requesting identification, asking for consent to search, or performing a Terry stop might not inherently result in a seizure unless accompanied by some type of force or a command that compels compliance. These interactions can be seen as part of standard police procedures, where individuals may still feel free to leave. Therefore, the action of applying force is a definitive factor in determining when a seizure under the Fourth Amendment takes place.