What type of person does the term "actual seizure" typically refer to in a legal context?

In a legal context, the term "actual seizure" refers specifically to the detainee being physically restrained. This terminology is often used to describe situations where law enforcement officials have taken control of an individual, thereby limiting that person's freedom of movement. The concept is rooted in the Fourth Amendment, which protects individuals from unreasonable searches and seizures.

When a person is actually seized, it signifies that their liberty has been curtailed by law enforcement through physical means, such as handcuffing or holding them against their will. This distinguishes it from other aspects of an encounter, such as a perceived threat or the presence of officers and bystanders, which do not involve the direct physical restraint of a person. Understanding this distinction is crucial for evaluating the legality and appropriateness of law enforcement actions during encounters with the public.