Seizures

Question 1

Seizure

Answer 1

the exercise of control by the government over a person or a thing.

Question 2

Mendenhall Test

Answer 2

Under the totality of the circumstances would a reasonable person believe she was free to leave

Question 3

Stop

Answer 3

A stop is a seizure and requires reasonable suspicion. It is an investigative detention lasting no longer than is necessary to effectuate the reason for the stop.

Question 4

Terry Stop & Frisk

Answer 4

Police may stop an individual for an investigative detention if there is reasonable suspicion that criminal activity is afoot. After the stop, police may frisk the individual if there is reasonable suspicion to believe the person is armed and dangerous. (can apply to vehicles as well)

Question 5

Arrest

Answer 5

An arrest is a seizure and requires probable cause. Probable cause is present when, at the time of the arrest, the officer has within his knowledge reasonably trustworthy facts and circumstances sufficient for a reasonably prudent person to believe that the suspect has committed or is committing a crime.

Question 6

When do police need an arrest warrant

Answer 6

 Police need a warrant to make a routine felony arrest in a suspect’s home