NCJ Number
15783
Journal
Rutgers Law Review Volume: 27 Issue: 3 Dated: (SPECIAL ISSUE) Pages: 571-581
Date Published
1974
Length
11 pages
Annotation
THE NEW JERSEY SUPREME COURT RULED THAT STREET ENCOUNTERS WHICH DO NOT ENTAIL PHYSICAL RESTRAINT OF THE SUSPECT DO NOT CONSTITUTE FOURTH AMENDMENT SEIZURES AND ARE THEREFORE NOT SUBJECT TO THE REASONABLENESS REQUIREMENT.
Abstract
IN STATE V. SHEFFIELD, THE MAJORITY REASONED THAT A 'SEIZURE' OCCURS ONLY IF A POLICE OFFICER RESTRAINS A SUSPECT'S FREEDOM. THE DISSENTING OPINION, HOWEVER, MAINTAINED THAT A POLICE OFFICER'S EFFORTS TO CONDUCT AN ON-THE-STREET INTERROGATION OF AN UNWILLING SUSPECT AMOUNTS TO A FOURTH AMENDMENT INTRUSION. THE APPLICABILITY OF THE FOURTH AMENDMENT TO SUCH CASES IS ANALYZED, ALONG WITH THE STANDARDS GOVERNING INVESTIGATIVE STOPS AND POLICE PURSUIT OF AN UNWILLING SUSPECT. IT IS POINTED OUT THAT SHEFFIELD EXPANDS THE POLICEMAN'S RIGHT TO INTERROGATE, AND BY IMPLICATION, DETERMINES THAT A SUSPECT HAS NO RIGHT TO REFUSE TO STOP FOR POLICE QUESTIONING.