Florida Department of Law Enforcement (FDLE) Practice Exam

What are law enforcement stops and arrests, including the use of force, considered under the Fourth Amendment?

1. Searches

2. Seizures

3. Investigations

4. Detentions

The correct answer is: Seizures

Law enforcement stops and arrests, as well as the use of force, are considered "seizures" under the Fourth Amendment. The Fourth Amendment protects individuals from unreasonable searches and seizures by the government, and its proscription against unreasonable seizures extends to the physical restraint of a person, which includes both stops and arrests. When law enforcement officers stop someone, they are effectively seizing that person’s freedom of movement, even if it is just temporarily. Similarly, when an arrest occurs, it is a more definitive seizure of a person’s liberty. The use of force also falls under this umbrella, as excessive force during an arrest or stop may lead to claims of unconstitutional seizure. In contrast, searches pertain specifically to the examination of a person's property or possessions, and investigations generally refer to a broader inquiry into suspicious activities or criminal matters. Detentions can be associated with the concept of seizures but do not encompass the complete legal ramifications present when discussing stops and arrests specifically in the context of the Fourth Amendment.