What is the test for determining whether a law enforcement officer violated the Fourth Amendment by approaching a person in the street and speaking to them?

MultiRegion, United States of America

The following excerpt is from United States v. Golden, No. 2:13-cr-00115-GEB (E.D. Cal. 2013):

"The first question that . . . must [be] answer[ed] is whether [the law enforcement officer's interaction] with Defendant was a seizure or, instead, was voluntary and consensual." United States v. Crapser, 472 F.3d 1141, 1145 (9th Cir. 2007). "When an encounter is voluntary, no constitutionally protected right is implicated." United States v. Summers, 268 F.3d 683, 686 (9th Cir. 2001).

"Law enforcement officers do not violate the Fourth Amendment's prohibition of unreasonable seizures merely by approaching individuals on the street or in other public places and putting questions to them if they are willing to listen." United States v. Drayton, 536 U.S. 194, 200 (2002).

Other Questions


Does a law enforcement officer violate the Fourth Amendment by approaching an individual on the street or in another public place, and then asking him to answer the same questions? (MultiRegion, United States of America)
What is the test for determining whether a police officer violated the Fourth Amendment by stopping and questioning defendants in a traffic light? (MultiRegion, United States of America)
What is the test for determining whether a police officer's use of force violated the Fourth Amendment? (MultiRegion, United States of America)
Does a police officer violate the Fourth Amendment by approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions? (MultiRegion, United States of America)
What is the test for determining whether a police officer stopped or "seized" a person within the meaning of the Fourth Amendment? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (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)
What is the test for determining whether a search conducted by Border Patrol officers was "reasonable" under the Fourth Amendment? (MultiRegion, United States of America)
What is the test for qualified immunity for Fourth Amendment violations 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.