According to Graham v. State, when is a passenger considered "seized" under the 4th Amendment?

In the context of Graham v. State, a passenger is considered "seized" under the Fourth Amendment when they are ordered to remain in a stopped vehicle. This interpretation stems from the legal understanding that a seizure occurs when a law enforcement officer, through physical force or a show of authority, restrains an individual's freedom of movement.

When a passenger is directed to stay in the vehicle after it has been stopped, they are effectively being subjected to an authority that limits their right to leave. This scenario establishes a situation where the passenger is not free to go, which is a critical factor determining whether a seizure has taken place under the Fourth Amendment. The ruling emphasizes the impact of the overall circumstances surrounding the stop, particularly the authority wielded by law enforcement at that moment.

In contrast, simply asking a passenger for identification or checking the driver’s license does not inherently create a seizure, as those actions may not restrict a passenger's freedom of movement. Additionally, the act of pulling over a vehicle itself does not automatically mean that passengers within are seized until any command is issued that would restrain their movement.