What is the test for a Fourth Amendment seizure?

MultiRegion, United States of America

The following excerpt is from Chew v. Gates, 27 F.3d 1432 (9th Cir. 1994):

"To determine the constitutionality of a seizure '[w]e must balance the nature and quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion'." Tennessee v. Garner, 471 U.S. at 8, 105 S.Ct. at 1699-1700 (quoting United States v. Place, 462 U.S. 696, 703, 103 S.Ct. 2637, 2642, 77 L.Ed.2d 110 (1983)). In this respect, "reasonableness depends on not only when a seizure is made, but also how it is carried out." Id. (emphasis added). The question we must answer is "whether the totality of the circumstances justified a particular sort of ... seizure." Id. 471 U.S. at 8-9, 105 S.Ct. at 1699-1700 (emphasis added).

Other Questions


What is the test for qualified immunity for Fourth Amendment violations under the Fourth Amendment? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
If no Fourth Amendment seizure took place, would Plaintiffs' claims be considered under the Fourteenth Amendment? (MultiRegion, United States of America)
What constitutes a seizure under the Fourth Amendment for the purpose of search and seizure of a car? ("New York", United States of America)
Does the search and seizure provisions of the fourth and fifth amendment apply in the context of searches and seizures? (MultiRegion, United States of America)
Is the use of deadly force by a law enforcement officer to apprehend a suspect a seizure under the Fourth Amendment? (MultiRegion, United States of America)
In what circumstances will the Federal Bureau of Investigation (BIA) order the seizure of evidence of alienage from Petitioners in the course of committing an egregious Fourth Amendment violation? (MultiRegion, United States of America)
Is force in the course of making an arrest, investigatory stop or other 'seizure' properly analyzed under the Fourth Amendment? (MultiRegion, United States of America)
Does the Fourth Amendment apply to search and seizure? (MultiRegion, United States of America)
What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.