4th Amendment: Arrests and Other Detentions

Question 1

What constitutes a seizure?

Answer 1

Any exercise of control by a government agent over a person or thing is a seizure.

A seizure occurs when, under the totality of the circumstances, a reasonable person would feel that they were not free to decline the officer’s requests or otherwise terminate the encounter.

Question 2

Arrest Defined

Answer 2

An arrest occurs when the police take a person into custody against their will for purposes of criminal prosecution or interrogation

Question 3

Reasonable Suspicion Defined

Answer 3

More than just a vague suspicion but less than probable cause. It depends on the totality of the circumstances

Question 4

Rules re: Informational Checkpoints and Roadblocks

Answer 4

1. Must stop cars on basis of neutral, articulable standard
2. Must be designed to serve purpose closely related to problem pertaining to cars and their mobility