What Is the Legal Definition of ''Seizure'' In Texas ?
In California v. Hodari D., 499 U.S. 621, 113 L. Ed. 2d 690, 111 S. Ct. 1547 (1991) the United States Supreme Court clarified the definition of "seizure": under the Fourth Amendment, a seizure occurs when the suspect has yielded to authority. See Hodari D., 499 U.S. at 626.
The Texas Court of Criminal Appeals has adopted the Hodari D. test for purposes of article one, section nine of the Texas Constitution. See Johnson v. State, 912 S.W.2d 227 (Tex. Crim. App. 1995).
Thus, under both the United States and Texas Constitutions, "the seizure of the citizen has not occurred until a reasonable person would believe he or she was not free to leave, and that person has yielded to the officer's show of authority or been physically forced to yield." Johnson, 912 S.W.2d at 236 (overruling previous definition of seizure that required only that reasonable person believe he or she is not free to leave) ;
See also State v. Shamsie, 940 S.W.2d 223, 225 (Tex. App.--Austin 1997, no pet.) (explaining that Johnson abandoned previous test for seizure and adopted Hodari D. test), overruled on other grounds, Woods v. State, 956 S.W.2d 33 (Tex. Crim. App. 1997).