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Flashcards in Legal Sourcebook Deck (8)
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What are the three types of encounters that in the Legal Resource Book?

1. Consensual Encounter

2. Detention

3. Arrest


The Fourth Amendment does not contain a warrant requirement. Rather it prohibits what?

"Prohibits unreasonable searches and seizures."


A "search" occurs when...?

A government officer infringes upon an expectation of
privacy that society considers reasonable. (Jacobsen (1984) 466 U.S. 109, 113.)


A "seizure" of property occurs when

There is some meaningful interference with an
individual's possessory interest in that property. (Horton (1990) 496 U.S. 128;
Bennett (1998) 17 Cal.4th 373, 385.)


A "seizure" of a person occurs:

(1) When a peace officer physically applies force with
the intent to restrain or

(2) When a person voluntarily submits to a peace officer's
authority. (Torres (2021) 141 S.Ct. 989; Hodari D. (1991) 499 U.S. 621, 626; Turner
(1994) 8 Cal.4th 137, 180.)


Can a private citizen violate the Fourth Amendment?

No. "The proscription against unreasonable search and
seizure in the Fourth Amendment applies only to the acts of government officers or
their agents."


Reasonable Suspicion defined.

For an investigative stop or detention to be valid, you must have "reasonable
suspicion" that: (1) criminal activity may be afoot and (2) the person you are about to
detain is connected with that possible criminal activity.


Reasonable suspicion" is evaluated based on objective facts.

Your subjective
thinking, i.e., the purpose behind your search or seizure (detention or arrest), should have no bearing on a court's determination of the legality of your action. Your
"subjective intentions" are irrelevant in determining whether a detention or an arrest was justified.