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The application of the Fourth Amendment

In an encounter, if there is a seizure, in deciding whether there has been a "Terry stop" does the Court ask whether the defendant personally felt he or she was unable to leave? Why or why not? Justify your response distinguishing between an investigator stop and a seizure. Explain whether the test for a seizure is subjective or objective.

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In an encounter, if there is a seizure, in deciding whether there has been a "Terry stop" does the Court ask whether the defendant personally felt he or she was unable to leave? Why or why not? Justify your response distinguishing between an investigator stop and a seizure. Explain whether the test for a seizure is subjective or objective.

The use of "Terry stops" and the inference of ability to leave when being questioned by a figure in a position of authority are subjective toward the eye of the ...

Solution Summary

This solution focuses on so called "Terry Stops" wherein citizens are not under arrest nor required to speak to police yet feel compelled to give information. The solution provides insight into whether a citizen could use the Fourth Amendment as defense if choosing to talk during a "Terry Stop".

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