Seizures Without Searches: Defining Property Seizures and Developing a Property Seizure Model
39 Pages Posted: 27 Sep 2013
Date Written: March 31, 2007
The body of law surrounding search and arrest is well developed. However, because a seizure is usually the natural by-product of a search, or is otherwise justified under the plain view doctrine, "pure" property seizure law is not well developed and the term "seizure" has not been clearly defined. (Most law school graduates can recite the definition of "search"; how many can recite the definition of "seizure"?) This article identifies two models that are competing in the lower federal courts, one based on United States v. Jacobsen and the other based on Terry v. Ohio and United States v. Place, and then advocates that the Supreme Court should resolve this split by adopting the Place model.
Keywords: Search & Seizures, Property Seizure Model, Terry v. Ohio, Jacobsen Model, Place Model, Fourth Amendment, United States v. Jacobsen, United States v. Place, United States v. Van Leeuwen
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