What constitutes a "seized or detained" under the Fourth Amendment?
California, United States of America
The following excerpt is from Christopher B., In re, 219 Cal.App.3d 455, 268 Cal.Rptr. 8 (Cal. App. 1990):
[219 Cal.App.3d 460] Generally, a person contacted by a police officer has been "seized" or detained within the meaning of the Fourth Amendment only if, "in view of all of the circumstances surrounding the incident, a reasonable person would have believed he [or she] was not free to leave." (United States v. Mendenhall (1980) 446 U.S. 544, 554, 100 S.Ct. 1870, 1877, 64 L.Ed.2d 497; Terry v. Ohio
Page 11
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What constitutes a "seizure" under the Fourth Amendment for Fourth Amendment purposes? (California, United States of America)
What is the meaning of the Fourteenth Amendment 3 "liberty" clause in the Fourth Amendment 3 and what is the scope of the constitutional test? (California, United States of America)
What is the test for determining whether a police officer has "detained" appellant in the context of the Fourth Amendment and article I, section 13 of the California Constitution? (California, United States of America)
What constitutes a "seized" under the Fourth Amendment? (California, United States of America)
Does a supervising judge's finding of necessity not contravene section 629.52, subdivision (d) of the Fourth Amendment or Fourth Amendment? (California, United States of America)
What constitutes a "seize" under the Fourth Amendment? (California, United States of America)
What is the effect of an amendment to Proposition 36 of the California Constitution requiring the Attorney General to produce a copy of the law where the law is amended or amended? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
Does the Fourth Amendment of the United States or California Constitution contain the same language? (California, United States of America)
