Part I of this Article defines searches and seizures of property and person, discussing the Supreme Court's initially broad interpretation of the Fourth Amendment and its subsequent narrowing in later decisions. Part II discusses several police "chase cases" leading up to the elimination of accidental and attempted seizures from Fourth Amendment protection in Brower v. County of Inyo and California v. Hodari D. Part Ill analyzes the Brower decision and its effect on accidental seizures, concluding that the analysis set forth therein should be abolished and advocating an alternate test. Part IV confronts the Court's elimination of attempted seizures from Fourth Amendment protections and suggests that physical restraint cannot be the only consideration. Part V offers a new model for defining attempted seizures, one which focuses on a citizen's right of liberty rather than on the physical control of citizens by the police.

Document Type


Publication Date