EPO 5

Question 1

Define the term “seizure” as used by the Fourth Amendment as it relates to a person.

Answer 1

1. Government
2. Interference with freedom of movement
3. Under circumstances a “reasonable person” would not feel free to walk away

(Must have all 3 components to consistently a seizure. If only the first two that is a “consensual encounter” and not a seizure)

Note: Use of force is considered a seizure

Question 2

Define the term “seizure” as used by the Fourth Amendment as it relates to an object.

Answer 2

1. Government
2. Interference with
3. possessory right or interest in property

(Basically means that you can’t do what you want to do with your stuff because of a government representative)