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Question
The U.S. Supreme has often held that "Mere police questioning does not constitute a seizure", Florida v. Bostick, 501 U.S. 429, 434 (1991), whether or not the officer doing the questioning has any basis for suspecting an individual of criminal activity. If the circumstances surrounding the knock-and-talk are such that the person does not feel free to leave and stop answering questions, the questioning becomes "custodial" and the person is "seized" under the Fourth Amendment. With that noted, what factors do you think should be recognized as factors that should be taken into consideration when judging whether a person should reasonably consider him/herself in "custody"? Explain your responses.Answer
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