| 1976 - 884 pages
...the meaning of that Amendment whenever a police officer restrains his freedom to walk away: ". . . It is quite plain that the Fourth Amendment governs...freedom to walk away, he has 'seized' that person." 8 The fourth amendment thus applies to all seizures of a person including seizures involving only a... | |
| United States. Congress. Senate. Committee on the Judiciary - 1968 - 1430 pages
..."search" or "seizure" within the meaning of the Constitution.12 We emphatically reject this notion. It is quite plain that the Fourth Amendment governs...freedom to walk away, he has "seized" that person. And it is nothing less than sheer torture of the English language to suggest that a careful exploration... | |
| United States. Congress. Senate. Committee on the Judiciary - 1968 - 1332 pages
..."search" or "seizure" within the meaning of the Constitution." We emphatically reject this notion. It is quite plain that the Fourth Amendment governs...freedom to walk away, he has "seized" that person. And it is nothing less than sheer torture of the English language to suggest that a careful exploration... | |
| Adam Carlyle Breckenridge - 1970 - 168 pages
...person and subject him to a limited search for weapons unless there is a probable cause for arrest. It must be recognized that whenever a police officer accosts an individual and restrains his freedom, his freedom to walk away, he has "seized" that person. And it is nothing less than sheer torture of... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1974 - 1044 pages
...detention, as state law requires after an arrest. Id., § 133.550.1 As we have said before, however, "It is quite plain that the Fourth Amendment governs...away, he has 'seized' that person." Terry v. Ohio, 392 if. S..1, 16 (1968). See also id., at 19 n. 16, 26; Sibron v. New York, 392 US 40, 67 (1968). Murphy... | |
| United States. Supreme Court - 1981 - 954 pages
...unsolved crime." Brief for Respondent 10. We disagree. Before Terry v. Ohio, 392 US 1 (1968), the Fourth •"It must be recognized that whenever a police officer...'seized' that person." Terry v. Ohio, 392 US 1, 16 (1968). Respondent contends that petitioner accompanied the police voluntarily and therefore was not... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1986 - 1032 pages
...BRENNAN, J. The Court launched its examination of this issue in Terry v. Ohio, supra, by explaining that "the Fourth Amendment governs 'seizures' of the...freedom to walk away, he has 'seized' that person." Id., at 16 (emphasis added). Such a seizure, the Court noted, may be evidenced by either "physical... | |
| Bryan A. Garner - 2001 - 990 pages
...simpler word to advantage." George P. Krapp, A Comprehensive Guide to Good English 231 (1927). Eg, "It is quite plain that the Fourth Amendment governs 'seizures' of the person that do not eventuate [read result] in a trip to the station house and prosecution for the crime."/... | |
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