How to Analyze 4th Amendment Seizures of a Person on a Criminal Procedure Essay

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How to Analyze 4th Amendment Seizures of a Person on a Criminal Procedure Essay

SEARCHES AND SEIZURES UNDER THE FOURTH AMENDMENT

The 4th Amendment protects against unreasonable government searches and seizures.

Generally, there are two categories of government searches and seizures: (1) government seizures of a person (e.g., a police officer arrests a suspect and takes him into custody); and (2) searches and seizures of evidence to be used against a person in a criminal prosecution (e.g., a police officer searches a suspect’s car for drugs).

SEIZURES OF A PERSON UNDER THE FOURTH AMENDMENT

Under the 4th Amendment, a government seizure of a person must be reasonable.

A government seizure of a person occurs when a reasonable person would not feel free to terminate his encounter with a government agent under the totality of the circumstances. There are two main types of government seizures of a person: (1) Terry Stops; and (2) Arrests.

TERRY STOPS

A Terry Stop is a temporary seizure of a person used by the government to investigate potential criminal activity. A Terry Stop is reasonable when the government agent performing the Terry Stop has a reasonable suspicion, based on articulable facts (i.e., more than a “hunch” – less than probable cause), that the person seized is or is about to be engaged in criminal activity. Once a law enforcement officer begins a Terry Stop, he must take diligent steps to either confirm or dispel his suspicion of criminal activity.

ARRESTS

An arrest is a more substantial seizure of a person used by the government to take a suspect into custody. An arrest is reasonable when the government agent performing the arrest has probable cause to believe that the person seized has committed a crime. A law enforcement officer generally has probable cause if the officer witnesses the commission of the crime or a person tells the officer that a crime has been committed.

An individual may be arrested with or without an arrest warrant; however, an arrest warrant authorizes law enforcement officers to enter a home to arrest the individual. An arrest warrant is issued by a neutral magistrate based on a finding of probable cause to believe that the named individual has committed a crime. Without a warrant, officers can arrest an individual inside the home only if there is consent to enter or exigent circumstances (i.e., emergencies).

[SenorSimon]

I got my passing score on the bar exam back recently and just wanted to say thank you, these videos were excellent supplements to what I was doing and really helped break down some areas that other courses failed to, will be recommending in the future

[kristencarroll]

I’m obsessed with your videos!! You explain and break down everything PERFECTLY!! Your the reason I’m passing my criminal procedures class. Oh …and your not bad to look at ;-)
Thank you sooo much!!

[makhenabarthelemy]

Thank you so much! This was so helpful while studying for my crim pro final!

[kieshareeves]

Thank God for you! You broke this down soo lovely🙌🏾

[deltaamerican]

im a sophomore in high school and i already know this, i will say i will not be taking these law classes at my school for granted

[darkspectro]

This video only has more information than the whole course in the great courses plus

[lifeisgolden]

You out here saving lives sir. God bless.

[samiullahnasrat]

Thanks so much! you made it so simple and easy to understand. :)

[victorpandolfi]

I know a Consensual Stop can turn into a Terry Stop. What about in the other direction? A Terry Stop into Consensual? After the subject dispelled what they thought he did, but were wrong. Can they continue to ask questions threatening questions under the guise that it’s consensual?
The word Awesome gets used a lot and it loses its meaning. Your videos are awesome in every sense of the word. Thanks

[myriamabdul-ahad]

This dude should be a law School Professor

[dc]

I have a degree in criminal justice and work in a criminal defense firm, and will be practicing criminal law. A Terry Stop is not correctly identified in this video. Terry v Ohio held that an officer can pat down a subject if they have a good faith reasonable belief that the person has a firearm on them. That is the only reason for conducting a "Terry Stop" lawfully. What you are describing as a Terry Stop is actually just a detention. When a LEO pulls you over as you stated in your example, that is a detention, unless the officer believed you had a firearm on your person is when he can remove you from the vehicle and "pat you down". The Terry case is referred to as a "Terry Search". You may want to update your videos to signify the correct language as to not confuse people.

[tangobelair]

I think you omit gov't safety stops, DUI or insurance id stops which are gov't stops but are neither Terry stops or arrest, so I can be lawfully seized w/o the gov 't meeting Terry or lawful arrest, but your lectures are great thank you

[taylorwhite]

What about a seizure of a person in another person’s home? Do you need a search warrant for that person’s house and an arrest warrant for the suspect?

[vengeance]

Thanks for the content. However, I disagree with your statement on having to identify yourself. You most certainly do not have to identify yourself if an officer cannot articulate a crime. You are talking about a public servant interfering with private rights.

[rtashpulatov]

it is useful but it has to be a reasonable suspicious of a crime. One cannot say "someone looked nervous so I had to detain a person"... you only have to identify yourself in so called stop and ID laws. Also, you do not have to provide a physical ID. in non-stop and ID states you have to ID only during the arrest.

[jonathanlindsey]

If God is capable then Satan did it. Do you agree to die for Satan?

[Jonnie_Tha_Junglist]

if when u say "person" u mean human being why not just say human being?