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Criminal Procedure

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2020

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Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin Oct 2020

Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin

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The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Court is scheduled to hear oral argument in Torres v. Madrid, a case that will provide important guidance on what constitutes a Fourth Amendment seizure. Here’s a rundown of the case starting with the relevant facts and procedural history, followed by a discussion of the legal issues and finally a couple of things to watch for at the argument.