The Supreme Court's Definition of a Seizure: What is a 'Seizure' of a Person within the Meaning of the Fourth Amendment

Posted: 7 May 2010

See all articles by Thomas K. Clancy

Thomas K. Clancy

University of Mississippi School of Law

Date Written: 1990

Abstract

The Supreme Court has struggled with the definition of "seizure" of a person for purposes of the fourth amendment. The Court has recently returned to the issue, and indications are that a new, restrictive definition has gained a majority of adherents on the Court. This Article details the Court's efforts to determine when a seizure occurs, focusing on the various tests the Court has utilized and discussing the relative merits of each test. It proposes some modifications to the Court's current test and discusses the impact that test will have on the actions of suspects and law enforcement officials.

Keywords: Fourth Amendment, Search and Seizure, Criminal Procedure, Constitutional Law

Suggested Citation

Clancy, Thomas K., The Supreme Court's Definition of a Seizure: What is a 'Seizure' of a Person within the Meaning of the Fourth Amendment (1990). Available at SSRN: https://ssrn.com/abstract=1602061

Thomas K. Clancy (Contact Author)

University of Mississippi School of Law ( email )

Lamar Law Center
P.O. Box 1848
University, MS 38677
United States
662-832-5244 (Phone)

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