Reexamining Fourth Amendment Seizures: A New Starting Point
Scott J. Glick
National Security Division
November 1, 1980
Hofstra Law Review, Vol. 9, No. 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.
Number of Pages in PDF File: 35
Date posted: November 14, 2011