What does a seizure occur based on in the Brower test?

A seizure, according to the Brower test, occurs when there is an intentional application of physical force by an officer. This principle is rooted in the Fourth Amendment, which protects individuals from unreasonable searches and seizures. The Brower test emphasizes the necessity for demonstrable intent from law enforcement to physically seize an individual or property, whether through direct force or actions that create a substantive restraint on liberty.

In this context, the intentional application of physical force indicates that the officer made a conscious decision to exert control over a person or situation, leading to a seizure. This encompasses actions such as physically apprehending a suspect, utilizing a police vehicle to block a subject's path, or employing physical restraints. In stark contrast, the use of verbal commands or mere presence does not constitute a seizure unless those commands are followed by physical actions that exhibit intent.

The concept highlights the critical distinction between different kinds of police encounters, emphasizing that a seizure is not merely about the officer's authority or discretion, but rather about the intentionality behind the use of force. This understanding is foundational for law enforcement officers, ensuring they recognize when their actions exceed mere dialogue or observation and enter the realm of a lawful seizure.