More seizures & arrests Flashcards
How can a person be “seized” under the 4th amendment
- Application of physical force
- show of authority, has in some way restrained the liberty of a citizen
How much physical force is enough to be used to seized?
Any touching, even extreamly slight, is enough to consititute a seizure.
a police officer must also have an intent to restrain the person
How much suspicion is needed for a mere encounter
No suspicion
How much suspicion is needed for a investigative stop?
reasonable suspicion
how much justification is needed for reasonable suspicion?
a minimal level of objective justification based on the totality of the circumstances
What are some factors that determin whether an encounter turns ino an arrest?
basis of detention, length, location, was suspect transported against their will, method, investagative methods used to confirm suspicions.
What kind of stop is a terry stop
Stop & frisk
Mendenhall Seizure test
When a reasonable person in the suspect’s position would not feel free to leave, they are seized. (objective test)
Walking away w/o being seized
A civilian who walks away may not be detained, even momentarily, w/o reasonable suspicion.
When does a seizure occur if the suspect resists or flees rather than submits?
A fleeing suspect is not seized until they are tackled or otherwise stopped.
Unless its a car for some reason
