Brower v. County of Inyo Case Brief

Brower v. County of Inyo, 489 U.S. 593, 109 S.Ct. 1378 (1989)

FACTS: Brower died when he crashed the stolen car he was driving into a roadblock set up by police. The roadblock consisted of an 18-wheel tractor-trailer commandeered by the police that had been placed across both lanes of a two-lane road. The trailer was located immediately behind a curve and was not lit up in any way. A police car, with its headlights on, was placed between Brower’s oncoming car and the truck, facing Brower’s car, effectively blinding Brower.

The family sued, claiming a violation of the Fourth Amendment’s right to be free from unreasonable seizures.

ISSUE: Was this a seizure under the Fourth Amendment?

HOLDING: Yes.

DISCUSSION: Brower was seized. A person is seized whenever there is a governmentally caused termination of that person's freedom of movement through means intentionally applied. Whenever an officer restrains the freedom of a person to walk away, he has seized that person. A Fourth Amendment seizure requires an intentional acquisition of physical control of a person or thing. The government must intend to seize the person (or thing), must put in motion action to seize the person (or thing), and the person (or thing) must be seized by that action.