a show of authority to Mr. Flythe by shooting at him, and that Mr. Flythe put his hands up, or moved them toward the hood of Officer Vazquez’s car in fleeting submission to that show of authority. However, the fact that Mr. Flythe was ultimately able to escape unscathed from the altercation with Officer Vazquez belies any contention that he was “seized” by Officer Vazquez. The undisputed evidence shows that he never submitted to Vazquez’s show of authority, but instead, fled. To the extent Mr. Flythe momentarily submitted to a show of authority by either putting his hands up or moving them toward the hood of Officer Vazquez’s car, it did not render their encounter a seizure for purposes of the Fourth Amendment. See United States v. Washington, 12 F.3d 1128, 1132 (D.C.Cir. 1994) (<HOLDING>). See also Brooks v. City of Aurora, Ill., 653
holding police officers making a traffic stop could order passengers out of the stopped car holding that officer safety and other concerns authorize police officers to open car doors during an investigatory seizure holding that an individuals statements were involuntary in a noncustodial setting when a police officer familiar with the defendant told him that he could speak off the cuff and where the police misled the defendant concerning confidentiality holding that no seizure occurred where the defendant initially stopped in compliance with a police officers order but then drove off quickly before the police officer could reach the suspects car holding that an officer intentionally hitting the plaintiffs head into the top of the police car as the plaintiff was being placed in the police car could be excessive force