Was there a Seizure? Flashcards Preview

2L Criminal Investigation > Was there a Seizure? > Flashcards

Flashcards in Was there a Seizure? Deck (4)
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1
Q

Seizure

A

Official show of authority communicating to reasonable person he isn’t free to leave/terminate encounter to which the subject submits
OR
2) slightest physical force is applied to subject for purpose of seizing.

2
Q

Drayton

A

(police search on bus) high seizure threshold! No warnings of freedom to consent required
(a) Does race matter for reas. person analysis? Blacks less likely to feel free?

3
Q

Hodari

A

lack of submission = no seizure

4
Q

Type of seizure?

A

arrest (PC) or terry stop (RS)