However, there is an exception to the warrant requirement called “exigent circumstances.” What this means is that the situation requires the police to act quickly in order to prevent immediate harm to someone. A seizure of a person is justified under the Fourth Amendment if law enforcement officers have reasonable suspicion that a person committed, or is about to commit, a crime. seizure [se´zhur] 1. the sudden attack or recurrence of a disease. However, the court also noted that the Supreme Court has previously held, [A] person’s “headlong,” “unprovoked” flight upon seeing a police officer, when it occurs in a high-crime neighborhood, is sufficient to establish reasonable suspicion that the person is involved in criminal activity… Flight, by its very nature, is not ‘going about one’s business’; in fact, it is just the opposite. However, she refused to testify at the trial several months later into the matter of those who were trying to take down Don King. The facts of Smith, taken directly from the case, are as follows: In 2009, Smith crossed the street in front of a patrol car driven by Officer Tyler Dominguez of the Las Vegas Metropolitan Police Department. It is not disputed that the officer seized Smith after he tripped during the foot chase. Seizure is defined as the taking of something by force. The suspect replied “Who, me?” and then fled. [vi] [internal citations and quotations omitted], The court also examined a case from the Third Circuit Court of Appeals that is very similar to Smith’s case. The term “seizure,” in the legal sense, can mean two things. Many different things can occur during a seizure. [xii] Had he done so, the officer would not have had the reasonable suspicion required to stop (detain) him. In Smith, by his own admission, he did not yield to the officer’s orders. What is Seizure? Define A seizure occurs . As per Legal Dictionary by Farlex, Arrest means a seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge. In the United States v. Valentine, [vii] police officers approached a suspect in a parking lot and ordered him to put his hands on the patrol car. If there is no probable cause, then the officers are in violation of that waiver. According to Smith’s testimony, although Smith had at first stepped toward the patrol car when he heard the siren, he then backed away after the officer got out of the vehicle and told Smith to stand in front of the car. Whatever the brain and body can do normally can also occur during a seizure. The Fourth Amendment to the U.S. Constitution protects personal privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses, and property. Did Smith submit to the officer’s initial attempted seizure? seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before. [v] [Quotations omitted] [emphasis added] ISSUE ONE Smith also said that, when he asked if he was under arrest, Officer Dominguez replied that Smith was not under arrest; however, the officer again ordered him to stand in front of the car. In this article, you’ll find the new general outline of basic seizure classification. Second, the court had to decide whether, after Smith fled, if the officer had sufficient reasonable suspicion to justify a detention of Smith. 1475 – 1485. The police arrested Mapp and charged her with the misdemeanor of possessing gambling paraphernalia. Notice Of Seizure: A letter or written notice from the Internal Revenue Service (IRS) informing the recipient that authorization has been given to … NOTE: Court holdings can vary significantly between jurisdictions. Officer Dominguez activated his patrol car’s siren twice, pulled his car to the curb, exited the vehicle, and called for Smith to stop and come stand in front of the car. On February 3, 2011, the Ninth Circuit Court of Appeals decided the United States v. Jermaine Smith. The Fourth Amendment to the U.S. Constitution and Article 1, Section 12 of the Florida Constitution both provide protection against unreasonable warrantless searches and seizures. In light of these facts, the court held, Because Smith did not submit to the officer’s show of authority, and because he was not otherwise coerced or physically forced to submit, Smith was not seized within the meaning of the Fourth Amendment during his initial encounter with the officer. Rather, Smith turned to the officer, asked him a few questions in response to the orders, took a few steps toward the police car (as instructed), but then backed up. This test determines whether the search and seizure was reasonable under the law: Modern technology has greatly affected the legalities of search and seizure in recent years. Learn more. [x], Thus, although Smith was in a high-crime area, this alone was not sufficient to establish reasonable suspicion. The anonymous caller also tipped off the police that they would find evidence in that home of an illegal betting operation organized by Mapp’s boyfriend. He has served as an officer in Uniform Patrol, a detective in Criminal Investigations, a Corporal in the Training Unit and as a Sergeant in Uniform Patrol. Here, Dollree Mapp worked in the illegal gambling business in Cleveland, Ohio. Smith stopped involuntarily when he tripped and fell, allowing the officer to catch up with him. Definition from Nolo’s Plain-English Law Dictionary In criminal law, the phrase that describes law enforcement's gathering of evidence of a crime. Seizure types vary by where and how they begin in the brain. at 10 (quoting Illinois v. Wardlow, 528 U.S. 119 (2000)). The act of confiscating a person’s property by legal process; a forcible taking of property into custody by a court. First, the court noted that the Supreme Court has previously held, [A]n individual’s presence in an area of expected criminal activity, standing alone, is not enough to support a reasonable, particularized suspicion that the person is committing a crime. In practice. v. Varsity Brands, Inc. The officer ordered Smith to stop, and threatened to use his Taser if Smith did not stop. Seizure meaning in the legal sense refers to the taking of evidence in connection with a suspected crime. Seizure examples can include the legal or forceful taking of something, such as evidence from a crime scene. is no seizure. (adsbygoogle = window.adsbygoogle || []).push({}); Modern Technology and Legalities of Search and Seizure, Seizure Example Involving an Illegal Gambling Racket. Chari v. Smith was indicted under federal law for being a felon in possession of a firearm. It is undisputed that Smith was in a high-crime neighborhood during the events in question, that Officer Dominguez clearly identified himself as a police officer, and that Smith burst into headlong flight for no other reason than to evade Officer Dominguez. A seizure usually affects how a person appears or acts for a short time. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. Instead, he burst into “headlong flight.” [xiv] The court stated, [T]he circumstances here indicate that Smith’s flight was sufficient to engender reasonable suspicion. [iv] The court stated, A seizure of a person is justified under the Fourth Amendment if law enforcement officers have reasonable suspicion that a person committed, or is about to commit, a crime. . The Third Circuit held that, [E]ven if the defendant paused for a few moments and gave his name, he did not submit in any realistic sense to the officers’ show of authority, and therefore there was no seizure. [v] [Quotations omitted] [emphasis added], The Ninth Circuit then stated that, in this case, they did not need to resolve whether the officer had sufficient reasonable suspicion to justify the initial detention of Smith; this is because if Smith was not initially detained (in the constitutional sense) at the patrol car, then whether or not the officer had reasonable suspicion to justify the detention is a meaningless point. Information and translations of seizure in the most comprehensive … In this case, the court may waive the warrant requirement, at least for the initial entry, search, and custody. Origin. A Search Warrant usually must be presented to the person before his property is seized, unless the circumstances of the seizure justify a warrantless Search and Seizure . [xiii] However, Smith did not do so. Officer Dominguez recovered a Walther P99 nine-millimeter handgun from Smith’s person. The officers tussled with Mapp and recovered the paper, which neither she nor her lawyers ever saw again. 2007)) [Authors note: Without reasonable suspicion an officer may conduct a consensual encounter with a suspect; however, the suspect must be free to leave and is not required to speak to the officer. He filed a motion to suppress the firearm and argued that the officer lacked reasonable suspicion to detain him at the outset of the encounter. 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