Like all things in the law, the answer to the question \u201cis this a seizure?\u201d is \u201cit depends.\u201d\u00a0 A seizure, under criminal law, is similar to being stopped or detained.\u00a0 The Massachusetts Declaration of Human Rights and the United States Constitution protect citizens from unreasonable seizures.\u00a0 A seizure does not mean being arrested, but means that a person does not feel free to leave from police presence.\u00a0 Courts use a \u201creasonable person\u201d standard when reviewing whether a seizure occurred; basically, courts look at the situation and determine whether, under all of the circumstances, the officer has used their authority to the point that a person would feel that they are required to follow the officer\u2019s commands.<\/p>\n
Last week, the Massachusetts Supreme Judicial Court decided Commonwealth v. Matta<\/em>.\u00a0 In this case, Matta was a passenger in a car.\u00a0 The car had been the subject of two phone calls from unknown sources to the Holyoke Police, who reported that someone in the car had placed a gun under the seat.\u00a0 Without having a warrant to search or arrest, or even probable cause to detain, the police begin to investigate.\u00a0 Responding to the call, Holyoke police department \u00a0found Matta\u2019s car parked in an area that the Supreme Judicial Court described as being \u201cknown for violent crime, drug sales, and shootings,\u201d and pulled in behind it, without lights or sirens.<\/p>\n As the officer was getting out of his patrol car, Matta got out of his.\u00a0The officer observed him grab at the right side of his waistband with both hands and adjust the waistband, then walk toward some bushes away from the sidewalk.\u00a0 The officer said something to the effect of \u201cHey come here for a second\u201d to Matta, who made eye contact with the officer, and then began to run.\u00a0 The officer chased Matta, and yelled at him to stop.\u00a0 During the chase, Matta threw a bag of what was later found to be heroin over a fence, presumably so the police wouldn\u2019t find it on him if he was caught.\u00a0 Matta eventually tried to scale a fence, and was captured.<\/p>\n