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Brower
v. Inyo County
489 U.S. 593, 109 S.Ct. 1378 (1989)
Author:- Bubba
I really hope you enjoy my miniBriefs -Bubba
Facts:- The police set out a roadblock. The roadblock was established by parking a tractor trailer in the middle of the 2 lane highway which blocked both lanes and a police vehicle with its lights flashing was parked in front of the tractor. The deceased crashed into the tractor trailer and was killed. The decendent's family filed a &1983 action claiming that the deceased's Fourth Amendment rights to be free from unreasonable seizure were violated by the officers who were acting under the color of law.
Issue:- Whether the roadblock set by the officers constituted a seizure?
Holding:- No
Reasoning:- Under the Fourth Amendment, a person is seized when his freedom of movement is intentionally terminated. The court ruled that the defendant was not seized by the police setting the roadblock and he only became seized under the meaning of the Fourth Amendment when he actually crashed into the tractor trailer.