While the Fourth Amendment prohibits searches or seizures that are “unreasonable,” first, there has to be a search or seizure. Unfortunately, when it comes to seizures, this is not always clear. Granted, there are a few hard and set rules, like: It’s a seizure when police use deadly force, It’s
Many of our recent blog posts have dealt with when, exactly, you’ve been “seized” by police. While this issue is not always clear, in large part because there’s a huge spectrum of police detentions, there have been a small set of bright-line rules that have come up over the years:
Lately, we’ve been delving into the law that deals with whether you’ve been “seized” by police, thereby invoking your constitutional rights under the Fourth Amendment. Because there is a huge spectrum of police detentions, the exact moment that you were arrested is not always clear. Unfortunately, it can make a
In several recent blog posts, we’ve dealt with the issue of what police have to do in order to initiate a “seizure” that triggers your Fourth Amendment rights. While the broad spectrum of possible police detentions means that it’s not always clear whether you’ve been seized by police, there are
In recent blog posts, we’ve been discussing what constitutes a “seizure” under the Fourth Amendment. If police “seize” you and that seizure turns out to be unreasonable, then the exclusionary rule applies and any evidence obtained from that seizure can’t be used against you at trial. Unfortunately, whether there has
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