Court:
Judge: Dreben
Topic: Law enforcement lighting practices
Tone: A tad perfunctory
Importance: 3.2
There’s an interesting little fiction lurking in a pretty important element of search and seizure law. Police need a “reasonable suspicion” to “seize” people who they think might be criminals. A seizure occurs if the person being seized has a reasonable belief that he or she would not be free to leave.
So here’s the question, if a police officer pulls up behind you and shines some really bright lights in your direction, would you feel like you were free to leave?
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