NCJ Number
118012
Journal
Hastings Law Journal Volume: 40 Issue: 1 Dated: (November 1988) Pages: 203-229
Date Published
1988
Length
27 pages
Annotation
The issue of seizure in the context of police-citizen encounters is a complex one due to the variety of situations involved.
Abstract
The Fourth Amendment guarantees the right to be free from unjustified and unreasonable governmental intrusions, however the Supreme Court must apply a definition of seizure that encompasses a broad range of confrontations. A police chase would cause a reasonable person to believe physical apprehension was imminent; therefore, it must be considered a seizure. Fine factual distinctions should be left to the second step of determining the reasonableness of the seizure. Although defining seizure to include chasing will not completely solve the problems in applying the seizure doctrine, such a step would reaffirm the statement that "there is no war between the Constitution and common sense." 218 footnotes.