A seizure of a person is justified under the Fourth Amendment if law enforcement officers have reasonable suspicion that a person committed, or is about to commit, a crime.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law, is determined by balancing two important interests. On one side of the scale is the intrusion on an individual's Fourth Amendment rights. On the other side of the scale are legitimate government interests, such as public safety. The extent to which an individual is protected by the Fourth Amendment depends, in part, on the location of the search or seizure. In this case, the plaintiff alleges the defendant deprived [him] [her] of [his] [her] rights under the Fourth Amendment to the Constitution when [ insert factual basis of the plaintiff’s claim ]. Under the Fourth Amendment, a person has the right to be free from an unreasonable seizure of [his] [her] person. In order to prove the defendant[s] deprived the plaintiff of this Fourth Amendment right, the plaintiff must prove the following additional elements by a preponderance of the evidence: With respect to the Fourth Amendment, the Supreme Court has defined a seizure of a person as a governmental termination of freedom of movement through means intentionally applied .. Brower v. County of Inyo, 489 U.S. 593, 596–97 (1989) (emphasis in original). In general, a seizure of a person is unreasonable under the Fourth Amendment if a police officer uses excessive force [in making a lawful arrest] [and] [or] [in defending [himself] [herself] [others].  When law enforcement officers violate an individual's constitutional rights under the Fourth Amendment, and a search or seizure is deemed unlawful, any evidence derived from that search or seizure will almost certainly be kept out of any criminal case against the person whose rights were violated. In the criminal law realm, Fourth Amendment search and seizure protections extend to: 1  A law enforcement officer's physical apprehension or seizure of a person, by way of a stop or arrest; and. B. Seizure of a Person. A seizure of a person, within the meaning of the Fourth Amendment, occurs when the police's conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at his will. A seizure of property, within the meaning of the Fourth Amendment, occurs when there is some meaningful interference with an individual’s possessory interests in the property. In some circumstances, warrantless seizures of objects in plain view do not constitute seizures within the meaning of Fourth Amendment. The most basic definition of a seizure is when government meaningfully interferes with an individual’s possessory property rights or liberty. So in order to have a seizure of a person or property, there must be a meaningful interference with a person’s property or with their liberty. This is a general idea of the law defining your right against unreasonable seizure. Talk to your attorney today about the evidence against you, and whether it may have been a product of an unreasonable search or seizure. [ii]. A seizure of a person is justified under the Fourth Amendment if law enforcement officers have reasonable suspicion that a person committed, or is about to commit, a crime. Without reasonable suspicion, a person may not be detained even momentarily. [v] [Quotations omitted] [emphasis added]. [iv] The court stated. A seizure of a person is justified under the Fourth Amendment if law enforcement officers have reasonable suspicion that a person committed, or is about to commit, a crime. Without reasonable suspicion, a person may not be detained even momentarily. The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. Because the Bill of Rights did not initially apply to the states, and federal criminal investigations were less common in the first century of the nation's history, there is little significant case law for the Fourth Amendment before the 20th century. The Fourth Amendment protects Americans from unreasonable search and seizure. Article I, Section 8 of the Pennsylvania Constitution mimics this protection. This is a general idea of the law defining your right against unreasonable seizure. Talk to your attorney today about the evidence against you, and whether it may have been a product of an unreasonable search or seizure.
http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0 http://www3.ce9.uscourts.gov/jury-instructions/node/156 http://www3.ce9.uscourts.gov/jury-instructions/node/160 http://criminal.findlaw.com/criminal-rights/search-and-seizure-and-the-fourth-amendment.html https://www.law.cornell.edu/wex/fourth_amendment http://www.mcdonalddefense.com/2012/01/03/fourth-amendment-privilege-against-unreasonable-search-and-seizure/ http://www.llrmi.com/articles/legal_update/2011_9th_us_smith.shtml https://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution http://www.mcdonalddefense.com/2012/01/03/fourth-amendment-privilege-against-unreasonable-search-and-seizure/
what is considered a seizure of person under the fourth amendment