What constitutes a seizure under the Fourth Amendment for the purpose of search and seizure of a car?

"New York", United States of America

The following excerpt is from People v. Fenti, 57 Misc.3d 471, 62 N.Y.S.3d 887 (N.Y. Cty. Ct. 2017):

It is well settled that the stop of an automobile by police constitutes a "seizure" for purposes of the Fourth Amendment ( People v. Spencer, 84 N.Y.2d 749, 622 N.Y.S.2d 483, 646 N.E.2d 785 [1995] ; People v. May, 81 N.Y.2d 725, 593 N.Y.S.2d 760, 609 N.E.2d 113 [1992] ). Police stops of automobiles are permissible where the police have probable cause to believe that the driver of an automobile has committed a traffic violation ( People v. Guthrie, 25 N.Y.3d 130, 8 N.Y.S.3d 237, 30 N.E.3d 880 [2015] ; People v. Robinson, 97 N.Y.2d 341, 741 N.Y.S.2d 147, 767 N.E.2d 638 [2001] ), or where there exists reasonable suspicion that the driver or occupants of the vehicle have committed, are committing, or are about to commit a crime ( Spencer at 752, 753, 622 N.Y.S.2d 483, 646 N.E.2d 785 ).1

Other Questions


Does the search and seizure provisions of the fourth and fifth amendment apply in the context of searches and seizures? (MultiRegion, United States of America)
What constitutes a search or seizure for Fourth Amendment purposes? (MultiRegion, United States of America)
Can a person who entered the apartment door a crack for the purposes of a Fourth Amendment search, obtain a search warrant from the police? (MultiRegion, United States of America)
What is the effect of a "futile amendment" to the meaning of a constitutional amendment to the constitution in the context of constitutional issues? (MultiRegion, United States of America)
What constitutes a seizure for the purposes of the Fourth Amendment? (MultiRegion, United States of America)
Does Entick v Carrington constitute a search and seizure within the meaning of the Fourth Amendment? (MultiRegion, United States of America)
Does the taking of objects discovered in a private search constitute a reasonable seizure under the fourth amendment standard? (MultiRegion, United States of America)
What is the impact of the Fourth Amendment on the search and seizure of electronic communications? (MultiRegion, United States of America)
How have the appellants argued that the use of a trained German Shepherd dog, Meisha, in a search and seizure pursuant to the Fourth Amendment? (MultiRegion, United States of America)
What is the test for establishing that a search conducted during search procedures during search and seizure was an intervening and superseding cause of criminal conviction? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.