Dorian Johnson v. City of Ferguson, Missouri, et al.

A “seizure” occurs under the Fourth Amendment when, under the totality of the circumstances, “a reasonable person would believe he was not free to decline the officers’ requests or otherwise terminate the encounter.” Here, Officer Wilson delivered a harshly delivered “move on” order to Johnson and his friend, Michael Brown on a public street, blocked Johnson’s path with his police cruiser, drew his sidearm, fired it, and killed Brown. The question presented is whether a person can be “seized” when he is not confined to a particular space.