Seizures Flashcards
Karo v. U.S.
A party unknowingly receiving a container with a tracking device does not constitute Fourth Amendment seizure
Prior owner gives the permission to place the tracker, not the defendant
Mendenhall
A seizure occurs when a reasonable person believes that they are not free to leave police custody
Objective, not subjective standard
Fleeing and Seizures
Seizures cannot occur while someone is fleeing
California v. Hodari D.
Seizures occur when the police exercise physical force over a subject or when a subject submits to the officer’s authority
Maryland v. King
Arrest warrants allow for a swab of DNA seizure because that is not unreasonable
4th amendment
right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures