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California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello
California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello
Northern Illinois University Law Review
This note examines the United Supreme Court decision which reexamined the point at which a police-citizen encounter becomes a seizure under the Fourth Amendment. The Court concluded that a police-citizen encounter becomes a seizure only when the citizen yields to the show of police authority. The author contends that the Court's definition of a seizure alters, if not disposes of, the former definition, which defined seizure as the point at which a reasonable person, faced with a show of authority, no longer feels free to leave.
Michigan Department Of State Police V. Sitz: Suspicionless Seizures And The Fourth Amendment, Jill W. Broderick
Michigan Department Of State Police V. Sitz: Suspicionless Seizures And The Fourth Amendment, Jill W. Broderick
Northern Illinois University Law Review
This note examines the United States Supreme Court decision upholding the constitutionality of sobriety roadblocks. The issue facing the Court was whether the initial stop of motorists passing through a sobriety roadblock and the associated preliminary questioning and observation by police officers violated the fourth amendment prohibition against unreasonable searches and seizures. The Court held that the initial stop and questioning at sobriety roadblocks did not violate the fourth amendment. This note analyzes the evolution of suspicionless seizures and concludes that because roadblocks subject drivers to seizure without probable cause or reasonable suspicion, their constitutionality under the fourth amendment is …