What is the test for seizure and search under the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from Southerland v. City of New York, 667 F.3d 87 (2nd Cir. 2012):
in original; other internal quotation marks omitted). We then concluded that the daughter's removal and her examination constituted a seizure and search, respectively, under the Fourth Amendment, id., and that her claim therefore must be analyzed under the standard appropriate to [the Fourth Amendment], not under the rubric of substantive due process. Id. (quoting United States v. Lanier, 520 U.S. 259, 272 n. 7, 117 S.Ct. 1219, 137 L.Ed.2d 432 (1997)).29
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