Article: "Move On" Orders as Fourth Amendment Seizures

I. INTRODUCTION

A twenty-three-year-old Arab man sits on a bench. An officer approaches and orders that he "move on." "Why? Where must I go?," he might inquire. "Because I said so, and anywhere but here," will serve as our response.

If this park-bench sitter were engaged in protecte d First Amendment expression, he may have constitutional grounds for refusing to depart.1 If the bench were located within his private property, he might prevail under the Fourth Amendment.2 If the authority for the order to disperse were a vague law, he might look to the Fifth or Fourteenth Amendment's Due Process Clause.3 If he was the only one ordered to leave despite being surrounded by similarly-situated ...

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