Gun owners’ guide to the 4th Amendment: Seizures

[JohnPierce]

The modern era of 4th Amendment jurisprudence started in 1968 with the landmark ruling in Terry v. Ohio. Under Terry, a seizure occurs “[o]nly when [an] officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.”

After Terry, there are three broad categories of allowable “stops”, only one of which is not considered a seizure of the person. These are ...

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[mortablunt]

Thanks for the information.

 

[Loosedhorse]

I'm not a lawyer, but that seems to me like a nice summary, with all references linked.

Thanks.

 

[JohnPierce]

Thanks!

I tried to put it together in a way that non-attorneys could follow. The 4th Amendment jurisprudence is a real jumble.

I will be posting other topic areas such as Stop and Frisk, Search Incident to Arrest, etc over the next few days.


John

 

[Loosedhorse]

I'll look forward to them.