Episode 4: Consensual Encounters vs. Seizures
A person is seized within the meaning of the 4th Amendment when a reasonable person would believe they are not free to leave. Does an officer need a justification to approach private individuals on the street to ask questions? Does asking for an ID make it a seizure under the 4th Amendment? In this Episode, I discuss consensual encounters and a recent New Mexico Court of Appeals decision.
State v. Ramey, 2020-NMCA-041 - https://casetext.com/case/state-v-ramey-94
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Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC.
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DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.