In recent blog posts, we’ve been discussing what constitutes a “seizure” under the Fourth Amendment. If police “seize” you and that seizure turns out to be unreasonable, then the exclusionary rule applies and any evidence obtained from that seizure can’t be used against you at trial. Unfortunately, whether there has
In the past few blog posts, we’ve started talking about what it means to be “seized” by police. Determining the precise moment when a seizure occurred is crucial because, if the seizure was unlawful under the Fourth Amendment, evidence obtained after it happened can be excluded from trial under the
In our recent blog posts, we’ve begun delving into the can of worms that is arrest and police seizure law. We’ve been over some examples that show the complexity of what a “seizure” is, and have used the recent Maine Supreme Court case, Maine v. Blier, to highlight the spectrum
In our last blog post, we ended with a real-life situation from a Maine Supreme Court case, Maine v. Blier, which provides an excellent example of how the wide spectrum of possible police detentions makes talking about unreasonable seizures under the Fourth Amendment very difficult. What Happened in Maine v.
The Fourth Amendment, one of the keystones of all criminal defense work, prohibits searches and seizures that are “unreasonable.” In the past on our blog, we’ve gone time and time again into the search aspect of the Fourth Amendment, from what searches are to the third party doctrine to the
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