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However, “[t]he [F]ourth [A]mendment does not proscribe all seizures, only those that are
‘unreasonable.’” Hodnett v. Commonwealth, 32 Va. App. 684, 690 (2000) (second and third
alterations in original) (quoting Welshman v. Commonwealth, 28 Va. App. 20, 30 (1998) (en
banc)).
“Moreover, ‘even when officers have no basis for suspecting a particular individual, they
may generally ask questions of that individual . . . and request consent to search[,] as long as the
police do not convey a message that compliance with their requests is required.’” Londono v.
Commonwealth, 40 Va. App. 377, 399 (2003) (alterations in original) (quoting Florida v.
Bostick, 501 U.S. 429, 434-35 (1991)). “Police officers do not violate the Fourth Amendment
when they stop and question an individual if they have reasonable articulable suspicion that the
person is engaged in criminal activity or when the person’s encounter with the police is
consensual.” Harris v. Commonwealth, 266 Va. 28, 32 (2003) (citation omitted). “Fourth
Amendment scrutiny is triggered, however, the moment an encounter ‘loses its consensual
nature.’” Roulhac v. Commonwealth, 50 Va. App. 8, 15 (2007) (quoting Payne v.
Commonwealth, 14 Va. App. 86, 88 (1992)).
Under the Fourth Amendment, “a person is ‘seized’ only when, by means of physical
force or a show of authority, his freedom of movement is restrained.” United States v.
Mendenhall, 446 U.S. 544, 553 (1980). “In essence, ‘[w]hether a seizure has occurred for Fourth
Amendment purposes depends upon whether, under a totality of the circumstances, a reasonable
person would have believed that he or she was not free to leave.’” Brown v. City of Danville, 44
Va. App. 586, 603 (2004) (alteration in original) (quoting McGee v. Commonwealth, 25 Va.
App. 193, 199-200 (1997) (en banc)). According to Virginia law, when determining whether a
reasonable person would feel free to leave an encounter with the police, there are several factors
to consider. Harris, 266 Va. at 32.
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