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Criminal Law

: Crime & Federalism

When Would a Reasonable Person Really Feel Free to Leave?

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Under the Fourth Amendment, a seizure of a person must be reasonable.  What is a seizure?  A citizen is seized when a reasonable person in the citizen's position would not feel free to leave.  Ultimately, this is an empirical question.  That has not stopped the United States Supreme Court from reaching some activist results.  For example, the Supreme Court has held that a person sitting on a bus would feel free to leave when armed and uniformed officers blocked the bus's entrance and exit.  A new article that, assuming its methods hold up, examines whether and under what circumstances a reasonable person would actually feel free to leave.  The Abstract:Whether a person has been ?seized? often determines if he or she receives Fourth Amendment protection...continue to full post

Full post as published by Crime & Federalism on April 27, 2009 (boomark / email).

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