Answer to Question 1
Four types of seizure of persons under the Fourth Amendment are: arrest, stop and
frisk, border searches, and roadblocks. Arrest is the taking of a person into custody
against his or her will for the purpose of criminal prosecution or interrogation. It is
more intrusive than stop and frisk, which is a temporary detention for an officer to
obtain information about possible criminal activity. Arrest is also more intrusive than
border searches, which are temporary detentions for the purpose of searching
vehicles entering or leaving the country. Arrest is also more intrusive than
roadblocks, which are temporary detentions for various purposes.
Answer to Question 2
The four different elements of arrest are (with reasons for each):
1 . seizure and detention there must be actual seizure or peaceful submission to
the officer's will and control
2 . intention to arrest the officer has indicated by words or action his/her
intention to take the person to the police station
3 . arrest authority the officer has authority to restrain a person for
investigation of criminal activity
4 . the understanding of the individual that he or she is being arrested related to
the intention to arrest, the officer conveys to the arrestee through words or
actions that he/she is being arrested
