Texas-Book-Gun Law Armed And Educated - Flipbook - Page 34
V. WHAT IS A SEIZURE?
If the government demonstrates the appropriate level of proof, its
agents may make a seizure of either a person or property.
A. What is a seizure of a person?
Someone is “seized” when a reasonable person would understand
from the conduct of a police officer and the circumstances
surrounding the encounter that he or she was not free to terminate
the encounter and leave the interaction. Two elements must be
satisfied for an act to constitute a seizure of a person: 1) there is a
show of authority by the officer; and 2) the citizen submits to that
authority. See California v. Hodari, 499 U.S. 621 (1991). This kind
of seizure occurs during investigatory stops, detentions, and arrests.
B. What is a seizure of property?
The government has “seized” property under the Fourth Amendment
anytime a government agent creates a meaningful interference with
a person’s possessory right in the property. See U.S. v. Jacobsen,
466 U.S. 109, 113 (1984). To seize, the government must show
probable cause that the property was: 1) illegal; 2) evidence of a
crime; or 3) “fruit” or property acquired as a result of a crime.
VI. POLICE POWER
The power of police is bestowed through legislation, and it affects
the rights of individuals when the balance of interests favors the
health, safety, and maintenance of the general public over the
individual’s rights to act as he or she pleases free from government
interruption, intrusion, or prohibition.
Know Your Rights: Part I | 23
