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SEIZURE
The reasonable person in the same
situation does not feel free to leave.
The test to determine if it is a seizure is
the “totality of the circumstances.”
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ARREST
It is more likely than not that this person
committed the crime. This is the probable
cause standard.
The standard of proof is Probable Cause.
An admission or confession amounts to
probable cause.
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SEARCHES
If the reasonable person in the same
situation would expect privacy, then a
search warrant is probably needed.
Activity in plain view is not the subject of
4th
Amendment protection.
Videotaping on the public way is not
illegal.
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CONCLUSION
The Supreme Court of the United States
applies a balancing test.
It gives the police certain powers while
protecting the rights of citizens.
This has been a very brief and general
overview of this area of the law.
Hinweis der Redaktion
Here, show an example of how 10 officers asking a person questions might be a seizure.
Then, elaborate on the “totality of the circumstances.”
Discuss the Terry stop.