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'Move On' Orders as Fourth Amendment Seizures

46 Pages Posted: 20 Aug 2007 Last revised: 12 Jun 2013

Stephen E. Henderson

University of Oklahoma College of Law

Date Written: 2008

Abstract

If a police officer orders one to move on, must the recipient comply? This article analyzes whether there is a federal constitutional right to remain, and in particular whether a police command to move on constitutes a seizure of the person for purposes of the Fourth Amendment. Although it is a close question, I conclude that the Fourth Amendment typically does not restrict a move on (MO) order, and that substantive due process only prohibits the most egregious such orders. It is a question of broad significance given the many legitimate reasons police might order persons to move on, as well as the potential for discriminatory harassment if such orders are unrestricted, and thus state and local legislatures should investigate how best to restrict the MO authority of their agents.

Keywords: search, seizure, fourth amendment, move on, anywhere but here

JEL Classification: K14

Suggested Citation

Henderson, Stephen E., 'Move On' Orders as Fourth Amendment Seizures (2008). Brigham Young University Law Review, Vol. 2008, No. 1, 2008. Available at SSRN: https://ssrn.com/abstract=1008040

Stephen E. Henderson (Contact Author)

University of Oklahoma College of Law ( email )

300 Timberdell Road
Norman, OK 73019
United States
405.325.7127 (Phone)

HOME PAGE: http://www.law.ou.edu/directory/stephen-e-henderson

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