Was there a Seizure? Flashcards
1
Q
Seizure
A
Official show of authority communicating to reasonable person he isn’t free to leave/terminate encounter to which the subject submits
OR
2) slightest physical force is applied to subject for purpose of seizing.
2
Q
Drayton
A
(police search on bus) high seizure threshold! No warnings of freedom to consent required
(a) Does race matter for reas. person analysis? Blacks less likely to feel free?
3
Q
Hodari
A
lack of submission = no seizure
4
Q
Type of seizure?
A
arrest (PC) or terry stop (RS)