Comparing Terry to Arrests and Seizures

Question 1

Is Police taking someone constitute as a full seizure?

Answer 1

YES: Where police pickup suspect at neighbors house and bring him in for questioning, this constitutes a full seizure and must be supported by probable cause, even though suspect was not told he was under arrest

Question 2

What Constitutes a Full Seizure of a Person?

Answer 2

When law enforcement, by means of physical force or a show of authority, restrains a person’s freedom of movement to the extent that a reasonable person would not feel free to leave or terminate the encounter.

A full seizure typically involves arrest and is distinct from temporary detentions like Terry stops.

Question 3

Is someone fully seized during a detention?

Answer 3

NO:
Temporary stops on the street person is not seized:

where police need only reasonable suspicion of criminal activity the police may only seize a citizen based on probable cause

Question 4

Is Someone seized during Consensual Inquiry?

Answer 4

NO: UNLESS
Officers detain suspect in a manner that exceeded the bounds of the consensual encounter, which becomes an investigatory detention OR
If Officers tell suspect they are not free to leave

Question 5

Are Lawful Traffic Stops Considered Seizures?

Answer 5

YES:
Ordering a person out of their vehicle is a reasonable extension of that seizure for officer safety

Question 6

What is a Seizure Encounter within the meaning of the 4th Amendment?

Answer 6

A person has been seized within the meaning of the 4th Amendment, only if, in the view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave

Question 7

What are some factors to consider to determine being seized under the 4th Amendment?

Answer 7

• Threatening presence of other officers
• The display of a weapon by officer
• Physical touching of the person
  -Use of language or tone of voice indicating that compliance with the officer’s request might be compelled

Question 8

Are Bus Sweeps considered Seizures?

Answer 8

NO: unless a reasonable person would feel free to refuse the officers request or otherwise terminate the encounter

Question 9

4th Amendment Seizure occurs where:

Answer 9

1. The police exercise physical force over a subject OR
2. Where subject submits to an officer’s show of authority

Question 10

Is a Suspect Fleeing from Officer considered seized?

Answer 10

NO:
Because police does not have physical force over them AND
The suspect had not submitted to their authority