that he or she was free to leave. These factors, however, are
neither exhaustive nor exclusive.
United States v. Smith, 794 F.3d 681, 684 (7th Cir. 2015) (internal quotations
and marks omitted).
Under the totality of the circumstances, the deputies’ interview of
Black, at Clarke’s request, did not amount to a seizure. First, it is
undisputed that Clarke instructed Bailey and Witek to have deputies
conduct an interview of Black, and that Black had not done anything that
would rise to the level of a citation or arrest. Clarke did not instruct his
deputies to arrest or detain Black.
Although several officers were present at the gate when Black
deplaned, only two approached him for questioning. There is no
allegation and no evidence in the record that the deputies displayed their
weapons. There is also no allegation or evidence that the deputies were
forceful with Black, confirmed by the short amount of video surveillance
capturing the deputies’ initial contact with Black showing no use of force.
Nor did the deputies use forceful language; in fact, Black testified that the
deputies who interviewed him were “kind.”
Next, the deputies’ questions were of a fact-gathering, as opposed
to accusatory, nature. The deputies did not intimate to Black that he was a
suspect of a crime. The limited information that Clarke conveyed to Witek,
who presumably conveyed the same to the deputies, was that Black had
had an interaction with Clarke on the plane that Clarke perceived as
threatening. The deputies collected Black’s biographical information, as
well as his side of the story, before agreeing that the whole incident was
“ridiculous” and escorting Black out of the airport to an awaiting car.
Page 12 of 27
Case 2:17-cv-00156-JPS Filed 01/05/18 Page 12 of 27 Document 39
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