Question: Assume the same facts as above, except that when the man starts to run, the police turn on the siren and order him to stop

  1. Assume the same facts as above, except that when the man starts to run, the police turn on the siren and order him to stop through the loudspeaker. The man still does not stop, and when he rounds the corner, he throws away the gun and marijuana. One of the officers gets out of the car, chases the man, and tackles him. At what point in this scenario was the man seized, if at all?
  2. Suppose, for purposes of this question, that a man is sitting on a bus and two policemen board the bus. The officers are uniformed and carrying guns. They ask questions of the passengers to ferret out drug smugglers. One man refuses to answer and requests that the officers leave him alone. The officers have no reason to suspect the man of any criminal activity, but his lack of cooperation annoys them and makes them suspicious. They continue to question him, and finally, he allows them to search his luggage, where they find drugs. Was this man seized by the police officers when they approached and questioned him?Explain your answer using the case law from Chapter 3.
  3. When police approach a stationary person, such as sitting in a bus seat or on a park bench, and ask questions, is the person automatically considered seized for purposes of 4th amendment analysis?
  4. What is the difference between physical seizures and show of authority seizures?What is this distinction important for?
  5. Why is it important to determine whether a search or seizure has occurred when discussing 4th amendment issues?

Book if needed: Criminal Procedure Author: Lippman, Matthew Publisher: Sage Edition/Year: 5th 2022

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