Footnotes (171)



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.

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Date posted: November 14, 2011  

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

Contact Information

Scott J. Glick (Contact Author)
National Security Division
U.S. Department of Justice
Washington, DC 20530
United States
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