In Ohio v. Robinette, 117 S. Ct. 417 (1996), the Supreme Court rules that it was not
essential for an incumbent to posit a person that he was `free to go after air a citation in
order to continue as a `consensual strike as opposed to a seizure.
In U. S. v. Buchanon, 72 F. 3d 1217,1223 (6th Cir. 1995) the court held that examples of
circumstances that might indicate a seizure, even if the person did not attempt to leave,
would be the lowering presence of several policemans, the display of a weapon by an officer,
some physical touching of the person or the intent of language or tone of choice indicating
that compliance with the officers gather up might be compelled.
In California v. Hodari D., 1I1S. Ct. 1547 (1991), a meeting of youth including Hodari fled
at the approach of an unmarked police car. An officer wearing a jacket with police on it
gave chase. The officer took a roundabout route as a result; Hordari looked over his
shoulder and almost ran into the officer. At this point Hordari threw down a rock of
cocaine and tried to escape. The officer tackled him and retrieved the rock.
The court said
that when Hordari threw through with(p) the rock he was not seized because in order to be seized
there had to be a) application of force however comminuted by the officer or b) submission to the
officers show of authority. The officer displayed authority by chasing Hordari and
commanding him to stop but Hodari did not submit.
In Florida v. Bostick, 111S. Ct. 2382 (1991), the Supreme Court made a distinction
amid a consensual encounter and an investigative detention. Police on a drug task force
approached Bostick, where he was sleeping at the back of a bus. They asked for
identification, his bus ticket and permission to wait his luggage. He gave consent and
they found drugs. Officers concede that they had no soul suspicion concerning
Bostick when they approached him.
The court said that a consensual encounter does not trigger Fourth Amendment...If you want to get a full essay, order it on our website: Ordercustompaper.com
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