State v. Turnage and Determining When a Defendant is Seized

A Fourth Amendment seizure does not occur when an officer turns on her patrol vehicle’s lights and siren to signal for a vehicle to stop. Instead, it occurs when a driver submits to that show of authority by stopping the car. Thus, if an officer lacks reasonable suspicion when she activates the siren, but gathers information sufficient to constitute reasonable suspicion by the time the vehicle stops, the traffic stop does not run afoul of the Fourth Amendment.

But what if the car is already stopped when the officer turns on the blue lights and siren? Have the occupants of the car then been seized for purposes of the Fourth Amendment? Not necessarily, as the court of appeals recently explained in State v. Turnage, __ N.C. App. ___ (May 15, 2018).

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