Fourth Amendment; 2) even if he was, Clarke did not direct the seizure; and 3) the seizure was reasonable in any event. Determining whether Black was seized at all is sufficient to dispose of the claim. Stated in general terms, a seizure occurs when a person’s “freedom of movement” is restrained either by “physical force” or a “show of authority.” United States v. Mendenhall, 446 U.S. 544, 553 (1980). Not all encounters between law enforcement and citizens constitute seizures. Police-citizen encounters generally fall into one of three categories, only the first two of which constitute seizures: (1) an arrest, requiring probable cause; (2) an investigatory stop, limited to “a brief, non-intrusive detention” based on specific and articulable facts supporting reasonable suspicion of criminal activity; and (3) voluntary encounters involving no restraint on the citizen’s liberty. United States v. Scheets, 188 F.3d 829, 836 (7th Cir. 1999). A seizure occurs “only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” Mendenhall, 446 U.S. at 554. Because this question is context-dependent, courts have developed various factors to determine whether a seizure has occurred. For example, circumstances indicative of a seizure include the threatening presence of several officers, display of their weapons, physical touching of the private citizen, use of forceful language or tone of voice (indicating that compliance with the officers’ request might be compelled), and the location in which the encounter takes place. Courts also consider whether police made statements to the citizen intimating that he or she was a suspect of a crime, whether the citizen’s freedom of movement was intruded upon in some way, whether the encounter occurred in a public or private place, and whether the officers informed the suspect Page 11 of 27 Case 2:17-cv-00156-JPS Filed 01/05/18 Page 11 of 27 Document 39