35 Pages Posted: 14 Nov 2011
Date Written: November 1, 1980
In Terry v. Ohio, the Supreme Court recognized for the first time that there exists a stage in police-citizen encounters less intrusive than an arrest – a temporary stop and detention that may be based on reasonable suspicion. As Chief Justice Warren realized in Terry, however, there may be a stage that exists prior to even a Terry stop. If the action taken by the police does not amount to a seizure, then the officer does not need to articulate any level of suspicion. This Note explores the issue of what point in police - citizen encounters a seizure occurs. By examining the differences between seizures and non-seizures, and the policy values behind the fourth amendment, this Note argues that a “totality of the circumstances test” should be used to determine when a seizure occurs.
Suggested Citation: Suggested Citation
Glick, Scott J., Reexamining Fourth Amendment Seizures: A New Starting Point (November 1, 1980). Hofstra Law Review, Vol. 9, No. 1, 1980. Available at SSRN: https://ssrn.com/abstract=1959323