4th Amendment Analysis

I. Search or Seizure?
Did the police activity constitute a search or seizure for the purposes of the Fourth
Amendment?

• Minor League Search or Seizure

Terry Type
Must be reasonable
• Major League Search or Seizure
Probable cause + warrant OR
Warrant exception
• Administrative, Special Needs Search or Seizure
Inventory, drug testing, check lanes, etc.
Must be reasonable

Seizures of Persons Searches

Definition:
“Whenever a police officer accosts an
individual and restrains his freedom to walk
away, he has ‘seized’ that person. Terry v.
Ohio
Definition:
Examination of a person’s body, property or
other area which the person would reasonable
be expected to consider as private by a LEO
for finding evidence of a crime.

Test for Seizure Test for Searches:

· Would a reasonable person believe he is · Actual (subjective) expectation of privacy
not free to leave? · Expectation must be one that society is
Requires: prepared to recognize as reasonable
o Physical Force; or (objective)
o Submission to the Assertion of
Authority

Quick Podcast (14 minutes) about Miranda!

https://www.fletc.gov/audio/miranda-waivers-and-invocations-mp3