Graham v. Connor 490 U.S. 386 (1989) - answer The court's analysis began by
considering the subjects 4th Amendment right to remain free from any unreasonable
seizure against the government's interest in maintaining order through effective law
enforcement
Seizure - answeris a government termination of movement
Ways to Seize a person - answerActual Seizure (physical force)
Constructive Seizure (show of authority)
Tier I Encounter - answerVoluntary/Consensual Encounter
Communication between police and citizens involving no coercion or detention. (4th
Amendment plays no role.)
Tier II Encounter - answerBrief Seizure/Investigatory Stop
Brief "Seizures" that must be supported by articulable reasonable suspicion.
ARS - answerMore than mere suspicion but less than probable cause
Terry v. Ohio - answerThe Supreme court authorized the stop and frisk of an individual
based on reasonable suspicion. A standard not amounting to probable cause but
requiring some degree of protection under the 4th Amendment.
Tier III Encounter - answerFull Scale Arrest
Arrest based on probable cause
Probable Cause - answerfacts and circumstances that would lead a reasonable officer
to believe that a crime is being or has been committed.
Objective Reasonableness - answerWhether the officer is reasonable or not is based
upon the totality of the circumstances (the whole picture) known to the officer at the
moment the force was used.
Graham Factors - answerSeverity of the offense
Immediate threat to the safety of officer or others
Actively Resisting arrest
Evading arrest by flight
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