§ 3.3.2 Activating Lights or No Submission to Authority
If police activate overhead lights to stop a vehicle and the person stops, this will constitute a seizure. However, there is no stop or seizure if a person does not submit to the show of authority. See State v. Richcreek, 187 Ariz. 501, 930 P.2d 1304 (1997); State v. Guillory, 199 Ariz. 462, 18 P.3d 1261 (App. 2001) (Div. 2) (officer waived arm at defendant, who made eye contact and fled; no seizure occurred because defendant did not submit to authority); United States v. Santamaria-Hernandez, 968 F.2d 980, 983 (9th Cir. 1992) (police activated lights and defendant sped up and led police on chase; no seizure occurred until defendant crashed car); United States v. Hernandez, 27 F.3d 1403 (9th Cir. 1994) (police called out to defendant to stop, defendant hesitated, police scuffled with defendant, who escaped and ran; no seizure until defendant apprehended after chase); Broyer v. Inyo County, 489 U.S. 593, 596 (1989) (police activated emergency lights and chased...
