Is Blocking Parked Vehicle With Police Car Considered a Seizure ?
In People v. Cantor, the police blocked the defendant's parked vehicle with their own car.
Immediately thereafter, three police officers approached the defendant as he was getting out of the car.
The Court held this to be a seizure finding that "the defendant was deprived of his freedom of movement when he was encircled by three police officers as he stood alongside his car which was blocked by the police vehicle.
At that moment he could not have proceeded on his way, therefore he was seized" (People v. Cantor, 36 NY2d at 111-112).
The Court further found that since the police did not observe the defendant's participation in any criminal acts and lacked independent knowledge and information that a crime had been committed, the seizure was not authorized.