Meaning of Seizures

Question 1

2 options for what is a seizure

Answer 1

• police show of authority
• physical touching of person by police

Question 2

Police show of authority depends on whether person would _____

Answer 2

feel free to leave or terminate encounter (objective) and submits to police show of authority

Question 3

If a car/bus is stopped by police, _____ unless ___

Answer 3

everyone in vehicle seized, someone refuses to submit by running or leaving the scene

Question 4

Drayton facts

Answer 4

officers board bus and ask where passengers where going and if they can search bags, they said yes

Question 5

Bostick bus seizure

Answer 5

whether RP feel free to decline officer requests and/or terminate encounter

Question 6

Drayton ___ Bostick

Answer 6

affirms

Question 7

Drayton holds no seizure because __

Answer 7

voluntary consent

Question 8

Under Drayton whether person knows they have the right to refuse is ___

Answer 8

only one factor in determining if search was voluntary/occurred

Question 9

In Drayon, not everyone in vehicle seized because ___

Answer 9

didn’t pull over, boarded when stopped at rest stop

Question 10

Reasons Drayton not a seizure

Answer 10

• didn’t block exit
• calm behavior
• soft voices
• goal to be non-coercive
• people get on and off
• weapons concealed
• plain clothes

Question 11

DL thinks something less coercive about Drayton because __

Answer 11

in public view with witnesses

Question 12

Souter dissent in Dratyon reasons why seizure

Answer 12

• police accost passengers at close quarters
• no reason to think trip resume until police done

Question 13

Mendenhall is about ___

Answer 13

factors of seizure

Question 14

Mendenhall factors

Answer 14

• number and position of officers
• display of weapon
• some physical touching
• use of language/tone of voice
• public place
• path to exit blocked
• asked to accompany police or step aside with them
• retained paperwork like ID
• notifed subject free to leave

Question 15

Brower facts ___

Answer 15

car chase with stolen car, police set up roadblock to stop, hit and died

Question 16

Brower says that a seizure occurs when there is a ____

Answer 16

govt termination of freedom of movement through means intentionally applied

Question 17

Brower doesn’t mean that instrumentality has ____ just that ___

Answer 17

to have effect intended by its use, stops movement

Question 18

Hodari is about ___

Answer 18

steps of seizure analysis

Question 19

Hodari facts

Answer 19

kid runs from police and tosses away crack just before officer tackles. Officer hadn’t grabbed/touched when threw crack

Question 20

Hodari rule that _____

Answer 20

no seizure when D not yet caught and no restraint

Question 21

Hodari says that an arrest requires either_____

Answer 21

physical force OR
submission to show of authority

Question 22

Hodari rationalizes that you shouldn’t exclude evidence when ___

Answer 22

people disobey orders to stop

Question 23

Hodari says chase ___

Answer 23

itself not sufficient for seizure

Question 24

What if Hodari were cornered in alley and flung cocaine over a wall?

Answer 24

No seizure, no touch and no submission (unless argue did somehow)

Question 25

What if Hodari but police grab by jacket. D slips out of jacket and throws the cocaine

Answer 25

Not seizure because not continuing seizure/touch. If cocaine thrown away after physical touch probably not fruit of unlawful touching

Question 26

What if Hodari facts police grab by jacket. Cocaine in jacket officer now holding.

Answer 26

It is seizure and suppressed assuming no RS

Question 27

Person runs out of building, makes eye contact with officer who chases him. They scuffle, D breaks away, throws away gun

Answer 27

Ct says just making eye contact not submission to authority

Question 28

DEA doing drug interdiction in airport. Cogans says needs to use bathroom, officer tells him to sit down and wait. D runs away and throws away drugs.

Answer 28

tried to terminate and wasn't permitted to leave

Question 29

Brendlin stands for principle that ___

Answer 29

if car stopped, everyone in vehicle is seized

Question 30

In Brendlin, the passenger was seized when he submitted to authority by ____

Answer 30

staying inside the car

Question 31

What amounts to submission of police authority depends on ______

Answer 31

what D was doing before show of authority

Question 32

If someone is running they don't submit until ____

Answer 32

overpowered

Question 33

If someone sits in car ____ is enough for submission

Answer 33

staying put