Small details change everything:
You are in an airport walking to another terminal. A customs or immigration officer approaches and asks if you are a US citizen and you decide to talk to this officer.
He asks for your ID which you readily provide.
Now, here’s the tiny details:
He is looking at your ID and reading it, maybe talking into his mic. Are you detained:
Nope. A reasonable person would feel they could request the ID back and move along.
Let’s change a very small detail. The officer is looking at your ID (or your plane ticket), then puts it in his pocket and starts asking you questions. Are you detained:
Yes, now a reasonable person would feel like they do not have the ability to move along without the officer being the one to release them.
So, seizures/detentions can be very tricky things. Especially to non LE who are on the other side of the encounter.
The mere possession of your ID or belongings does not necessarily constitute a seizure. Most of that lies within the details of how said ID or property end up in the LEOs possession.
You are in an airport walking to another terminal. A customs or immigration officer approaches and asks if you are a US citizen and you decide to talk to this officer.
He asks for your ID which you readily provide.
Now, here’s the tiny details:
He is looking at your ID and reading it, maybe talking into his mic. Are you detained:
Nope. A reasonable person would feel they could request the ID back and move along.
Let’s change a very small detail. The officer is looking at your ID (or your plane ticket), then puts it in his pocket and starts asking you questions. Are you detained:
Yes, now a reasonable person would feel like they do not have the ability to move along without the officer being the one to release them.
So, seizures/detentions can be very tricky things. Especially to non LE who are on the other side of the encounter.
The mere possession of your ID or belongings does not necessarily constitute a seizure. Most of that lies within the details of how said ID or property end up in the LEOs possession.