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[Download] "State West Virginia v. Charles Richard" by In the United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free

State West Virginia v. Charles Richard

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eBook details

  • Title: State West Virginia v. Charles Richard
  • Author : In the United States Court of Appeals for the Fifth Circuit
  • Release Date : January 11, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

1. "An initial police inquiry which calls into question a seizure of the person issue will ordinarily relate to some criminal investigation procedure and must originate from some suspicious circumstance involving the defendant. In determining the threshold question of whether the defendant has been seized, we look to the intensity of the initial inquiry. The less intense the initial inquiry the less likely that a seizure will be found. The intensity of the inquiry will determine whether the initial threshold of seizure has been crossed. This is because the intensity of the inquiry will govern when a reasonable person would believe that he was not free to leave the initial police encounter." Syllabus point 1, State v. Boswell, W.Va. , 294 S.E.2d 287 (1982).


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