Seizure Flashcards
Torres v Madrid
Facts: D wasn’t the suspect of investigation, but police ran up to her and she thought they were carjackers so she took off…officers fired 13 shot at her
Holding: Seizure when bullets struck D (physical display of force
Seizures of Persons
Govt agents materially interfere with a persons interest in being free
Seizures of houses, papers, and effects
Govt agents exercise control over property
Hodari D: 2 ways a person can be seized
(1) Physical touch
(2) Show of authority by police + suspect yield
ex. If a cop says “stop and freeze” and you obey their command = seizure
US v Mendenhall (Free to Leave)
Facts: DEA agents suspected D of being a drug courier so they asked for her ticket and ID. Asked her to come to another room and she did. In a strip search it revealed drugs
Holding: No Seizure, this was in public, the officers weren’t in uniform, ID’d themselves, requested and did not demand to see her ID and returned them promptly
Florida v Royer – applies Mendenhall
Facts: Police approach man in airport, the last name on the ticket and ID were different. Officers asked for ID and ticket and then walked away with it and also took his suitcase from baggage claim
Holding: Violation of 4A. He was seized when the officers walked off with the ticket and ID and his luggage
INS v Delgado
Facts: Factory workers were questioned by police
Holding: No violation of 4A, a reasonable person would have felt free to leave
Counter: police walking around their job, which they could not leave could be a seizure
Florida v Bostic
Free to terminate or decline encournter
Could apply to airplanes, buses, trains
US v Drayton - Applies Bostick
Facts: Officers boarded bus, agents were posted one in the back, one in the front, and the other asking questions. Cops never informed passengers they didn’t have to cooperate. Agents approached D and he consented to questioning and revealed he had drugs on him
Holding: No seizure, looking at the totality of circumstances. ALSO NOT a requirement for cops to tell people they don’t have to cooperate
3 Tests to determine when a seizure occurs
Mendenhall - person doesn’t feel free to leave
Bostick (applies to planes, buses, trains) - person doesn’t feel free to terminate or decline encounter
Hordari D ( 2-part test)
Totality of circumstances factor
Ø Location of the encounter, particularly whether the D is in an open public place where he is within the view of persons other than law enforcement officers
Ø Whether the officers touch or physically restrain the D
Ø Whether the officers are uniformed or in plain clothes
Ø Whether their weapons are displayed
Ø The number, demeanor and tone of voice of the officers
Ø Whether and for how long the officers retain D’s personal effects like tickets or identification
Ø Whether or not they have specifically advised D at any time that he had the right to terminate the encounter or refuse consent.
Problems with free to leave test
Alot of people in actuality don’t feel free to leave, so they are restrained in all but the eyes of the law
If you decline an encounter (i.e. police coming up and asking questions) can they use that as evidence of suspicion?
HELL NOOO
