Can The Police REALLY Do This!?

When are police allowed to detain you — and when are they going too far? In this video, we break down what the Constitution actually says about “seizures” under the Fourth Amendment, including traffic stops, Terry stops, and arrests. Viral videos show people insisting their rights are being violated — but are they right? Learn what the law really says so you can decide.

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*This transcript was generated by a third-party transcription software company, so please excuse any typos.

Hi, I'm Brenton Goodman and this is You decide all over the internet. There are videos like this, one of confrontations with police where people insist their rights are being violated. So today we'll discuss a person's rights related to seizures and we'll discuss searches and further episodes. Note, this is not legal advice, but designed to give you information so you can decide whether we as a society should use this framework when evaluating if seizures are lawful. Now, the Fourth Amendment guarantees people the right to be protected from unreasonable searches and seizures. These rights are weakened when the government violates a person's reasonable expectation of privacy. Now, courts determine if there is a reasonable expectation of privacy by asking two things. One, does the person saying they were violated actually believe they deserved privacy? And two, does society willingly recognize that person's expectation? Now, one of the most common ways someone's privacy can be violated is through an unlawful seizure or detention.

A person is seized when an officer uses physical force with an intent to restrain that person, whether successful or not. So putting someone in handcuffs or shooting at them with the intent to stop them even if they escape, are considered seizures. A person can also be seized when there is a show of authority that restrains the person's liberty to leave. Now, this would involve circumstances where a reasonable innocent person would feel they cannot leave due to the actions of a police officer. Now this is fact specific and courts will look at the number of officers present if a weapon was displayed where the encounter happens and so on. Now, the law discusses seizures by looking at three different types of encounters a person can have with police, voluntary or consensual encounters, Terry or investigative stops and arrests. Now a voluntary encounter is one where the officer approaches a person in a public place like a street and asks them questions.

Officers can ask for identification and they can ask for consent to search things like luggage. Now, as long as they do not do things like coerce a person to answer, police officers can take these actions. A person is free to leave any consensual encounter at any point. But if an officer based on a totality of circumstances develops reasonable suspicion that a person has committed a crime, is committing a crime, or is about to commit a crime, they're allowed to temporarily detain a person. That detention can last only for the length necessary to determine whether that reasonable cause becomes probable cause of a crime or whether or not it was a false alarm. This is what is known as the Terry or investigative Stop. Now, an arrest happens when there is probable cause to believe a crime has been is being or is about to be committed.

And this is an actual physical restraint. Probable cause basically just means the officer knows facts that would lead a reasonable person to believe a crime has been committed. So what about instances like this video where a person is in a car and pulled over for a traffic violation? Courts have found that a person can be lawfully seized or forced to be taken out of their vehicle if they're pulled over for a lawful traffic stop or a suspected crime. This is to ensure the safety of officers. Now for the same reason, passengers and vehicles can be detained along with drivers if it is part of a legal traffic stop or a criminal investigation. Also, if it is a traffic stop, a passenger doesn't necessarily have to identify themselves, but a failure to do so can support an officer's reasonable suspicion or lead to probable cause. And in those cases, an officer can lawfully seize the passenger.