Fourth Amendment -- Seizure Flashcards
When does a seizure occur?
When a reasonable person would have believed that he was not free to leave in view of all the circumstances.
Do you need to be told that you are free to leave for there to be consent for a consensual investigation?
No police do NOT have to inform a suspect, who is free to leave, that they are free to leave.
U.S. v. Drayton
Established factors for assessing whether a seizure has occurred. Those factors are:
- Coercive or confrontational behavior by the O’s?
- Application of force?
- Intimidating movement?
- Overwhelming show of authority?
- Brandishing of weapons?
- Blocking of exists?
- Threat?
- Command?
- Authoritative tone of voice?
U.S. v. Mendenhall
This case defined what a seizure is.
A seizure occurs when a reasonable person in the position of the D would not feel free to leave.
USSC held no seizure when DEA agents approached her because it was a public airport concourse, they did not force her to show her ID, they did not dress as cops, there was no weapons, or did not command her in anyway.
You can, however, argue that there was coercion because she was black with two with officers, did not graduate from highschool.
CA v. Hodari D.
Hodari ran away from the cops. Police chased him. A police chase is not a seizure because there must be some sort of physical restraint.
Thus, even if a reasonable person would not feel free to leave, NO SEIZURE occurs UNLESS:
- The suspect is physically restrained; OR
- The suspect submits to the officers’ show of authority.
If you run away, then you probably felt like you could, therefore, you are not seized.
Incentivizes people to stop when the police tell you do, so that you can invoke your 4 A protections.
If there is not SUBMISSION to the authority, THEN there is an unequivocal seizure when police physically touch you, i.e., tackle you, shoot you, taze you…
Is it a seizure when Os get on a bus and ask the passengers to search their luggage?
It is not a seizure if a reasonable person in the bus passengers shows would have felt free to END the encounter OR to DECLINE the Os request and go about his business.
Can there be a seizure when a suspect gives consent?
No, there is no seizure when a suspect gives consent. However, for the consent to be valid there must be an absence of threat.
What are two sitations when a SEIZURE always occurs?
A seizure always occurs when there is:
- An arrest; OR
- A Terry Stop.
What is relationship between restraint on liberty on seizure justification?
The greater the RESTRAINT on liberty, THEN the greater the justification for that restraint MUST BE.
