1. At what point has an agency of the state seized a citizen, when the agent speaks to the citizen, when the citizen is physically restrained, or somewhere in between? How should the 4th amendment be applied in general?
What legal tests have been offered by courts for “expectation of privacy” that you agree with? What would be a good test when deciding how technology should be viewed regarding compliance with the 4th amendement?
(200-250 words)
KEY TAKEAWAYS BEFORE ATTEMPTING THIS ASSIGNMENT
The Fourth Amendment of the Constitution states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”. This amendment was created to protect citizens from being searched or seized by government officials without probable cause. The Supreme Court has ruled that a seizure occurs when there is an actual physical touching of a person by an agent of the state (Bowers v. Beck). In this case it would be when Officer King touched Mr. Bowers but in most cases it is not so clear cut as to where a seizure takes place.
In Whren v United States (5 U L2d 803) the court ruled that “seizure” occurs when there is some form of physical contact with an individual or his property and this includes both brief contacts such as holding someone at gunpoint or placing them under citizen’s arrest or longer detentions such as being handcuffed behind your back for investigative purposes. In this case Officer King did not touch Mr. Bowers but he did detain him for investigative purposes which led to a search warrant being issued for his home….
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