Fourth Amendment: Seizures

Property: meaningful interference by government with individuals possessory interests in the property

Persons: governmental termination of freedom of movement through means intentionally applied (arrest, deadly force, terry stop person/property, traffic stop, border stop)

Temporary seizure: reasonable suspicion that contraband is in luggage

US v. Place: seizure went beyond allowable timeframe when luggage was detained for 90 minutes

Consensual encounter: seizure when in light of all circumstances, a reasonable person would have believed they were not free to leave

Free to leave: as whether a reasonable person would feel free to decline the officers’ request or otherwise terminate the encounter

Reasonable person: presumes innocence person

INS v. Delgado: placing armed officers at doors of factory was not seizure

Florida v. Bostick: the fact that D did not feel free to leave because was in a bus about to depart does not mean the police seized him

US v. Drayton: no seizure when D was questioned on bus by officers, and officers gave D no reason to believe they must answer questions and aisle left open

Arrest: reasonable if police have probable cause that person committed crime

Home arrest: absent exigent circumstances, an arrest warrant is required to enter an individual’s home to make an arrest (Payton v. New York)

Third party home arrest: arrest warrant and search warrant is needed if police want to arrest person in a third party’s home (entrance of home is doorway) (Steagald v. US)

Deadly force: seizure that is reasonable when there is probable cause to believe that a fleeing suspect poses a threat of serious physical harm to officers or the public (Tennessee v. Garner)

Threat to public: crime of infliction or threatened infliction of serious physical harm, suspect armed and threatens police

Tennessee v. Garner: burglary crime not automatic justification

Graham v. Conor: officer intent irrelevant

Scott v. Harris: reasonable to terminate high speed chase that threatens the public despite risk of serious injury or death to driver

Reasonable test: consider risk of harm to D compared to risk of harm to public

Factors: number of lives at risk, culpability of persons at risk

Border patrol stops: officers can stop a vehicle near the border if there is reasonable suspicion (in light of officer experience in detecting illegal entry) based on specific articulable facts that the vehicle contains undocumented persons (US v. Brigoni-Ponce)

Scope: stop limited to investigating whether passengers undocumented (further detention or search must be based on consent or probable cause)

Factors: characteristics of area of stop, proximity to border, usual patterns of traffic on road, previous experience with alien traffic, recent illegal border crossings in the area, drivers behavior, aspects of vehicle, heavily loaded vehicle, extraordinary number of passengers, passengers attempting to hide, characteristics of persons that live in Mexico (mode of dress, haircut), occupants were of Mexican descent (this factor alone does not justify reasonable suspicion)

Stop and frisk: officer may temporarily seize person, and pat the person down for weapons if there is reasonable suspicion based on articulable facts in light of his experience that criminal activity is afoot, and the person is armed and pat them down for weapons (Terry v. Ohio)

Minnesota v. Dickerson: frisk limited to finding weapons and ends once officers determines suspect unarmed

Officer frisks and contraband apparent creates is lawful search

Manipulating object after realizing not weapon (was not apparent it was contraband either) is unlawful search

Alternative measures: search is not unreasonable if public safety could have been accomplished by a less intrusive alternative. Question is whether police acted unreasonably in failing to recognize or pursue the alternate measure

Airport Smuggling: reasonable suspicion when D traveling different name, paying cash for one-way ticket, mode of checking bags, D appearance/conduct, but telling D he was suspected of transporting narcotics & asking D to accompany them to police room while holding onto his ticket and driver’s license without indicating that D was free to leave created formal arrest without probable cause (Florida v. Royer)

Exception: safety concern to move to police room during temporary seizure

Automobile: search of passenger compartment of automobile limited to areas weapons can be hidden & permissible if there is reasonable suspicion based on articulable facts that the suspect is dangerous & has weapons (Michigan v. Long)

Michigan v. Long: no violation, officers saw knife in plain view in car then searched passenger compartment and found drugs in leather pouch

Material witness statute: authorizes arrests of witnesses when (1) person’s testimony is material & (2) it would be impracticable to secure their presence by subpoena

Test: arrest and detention reasonable pursuant valid warrant (officer intent irrelevant) (Ashcroft v. Al-Kidd)