A seizure occurs where a reasonable person would not feel free to leave. Investigative stops require reasonable suspicion while arrests require probable cause, and prolonged detention beyond the stop's purpose may exceed the justification.
Torres extended seizure to include applied force.
Alternative Names:
Unreasonable Seizure|Fourth Amendment Seizure Claim
Why it Matters?
Probable cause is a complete defense to false arrest claims and is assessed on the totality of information available to the officer, including information from dispatch and other officers under the collective knowledge doctrine. Duration is the separate issue in stop cases, since Rodriguez held that extending a stop beyond the time needed to complete its mission requires independent reasonable suspicion.
Frequently Confused with
Related terms
Frequently asked questions
What is the complete defense?
What did Rodriguez establish?
