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Tuesday, March 26, 2013

police-citizen encounters which invoke the fourth amendment: police-citizen communications

[NBC RESPONSE PDF ] Case No. 2012-CA-006178

From
UNITED STATES of America, Plaintiff-Appellee,
v.
Alirio HASTAMORIR, Hernan Lopez, Antonio Ledezma, Defendants-Appellants.
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We have identified three categories of police-citizen encounters which invoke the fourth amendment: police-citizen communications involving no coercion or detention; brief seizures or investigative detentions; and full-scale arrests. United States v. Espinosa-Guerra,805 F.2d 1502, 1506 (11th Cir.1986); United States v. Berry,670 F.2d 583, 591 (5th Cir. Unit B 1982) (in banc). The first category of police-citizen encounters fails to implicate fourth amendment scrutiny. The second category, investigative detentions, involves reasonably brief encounters in which a reasonable person would have believed that he or she was not free to leave. READ MORE

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