Seizures

Question 1

What is a Seizure?

Answer 1

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

Question 2

What is the Seizure of a Person?

Answer 2

When police arrest or seize a person

Occurs only when under the totality of circumstances, a reasonable person would
1. feel that he was not free to decline the officer’s request
2. OR otherwise terminate the encounter

Question 3

What does a Seizure require?

Answer 3

1. A physical application of force by the officer OR
2. Submission to the officer’s show of force

Question 4

What is the Seizure of Property?

Answer 4

Occurs when there is some meaningful interference with an individual’s possessory interest in that property