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Determining when police contact constitutes a seizure

The 4th Amendment of the United States Constitution protects citizens from unreasonable searches and seizures.  If police contact with a citizen rises to the level of a "seizure," it must be supported by some level of suspicion that the citizen is or has been engaged in an unlawful activity.  The main question in determining whether a seizure has occurred is. "would a reasonable person feel free to leave the encounter with the officer."  To answer this question, courts look to the totality of the circumstances surrounding the police/citizen encounter.

The specific facts the courts look for are: did the police officer use any show of authority during the encounter; what was the police officer's demeanor; did the police officer restrain the citizen's movement or freedom either through use of restraints or commands.

After analyzing the specific police encounter, the court makes a determination as to whether a seizure has occurred for constitutional purposes.

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Law Offices of Kelly & Conte
213 W Miner Street #3
West Chester, PA 19382

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