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
Date Written: 1990
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
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