LIBERTY

The courts below deny criminal laws are a significant encroachment upon petitioner’s personal liberty Liberty is freedom from bodily restraint. Liberty is the freedom from unreasonable searches and seizures. Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, 848 (1992).

"No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law." Terry v. Ohio 392 U.S. 1, 9 (1968).

It must be recognized that, whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person. Terry v. Ohio, 392 U.S. 1, 13 (1968).

A "seizure" triggering the Fourth Amendment's protections occurs only when government actors have, by “means of physical force or show of authority, . . . in some way restrained the liberty of a citizen.” Terry v. Ohio, 392 U.S. 1, 19 n. 16 (1968).

“An arrest is the initial stage of a criminal prosecution. It is intended to vindicate society's interest in having its laws obeyed.” 392 U.S. at 26.

A full custodial arrest is …a severe intrusion on an individual's liberty, its reasonableness hinges on "the degree to which it is needed for the promotion of legitimate governmental interests.” Wyoming v. Houghton, 526 U.S. 295, 300 (1999).

This court has declared the seizure “of a free citizen should be analyzed under the Fourth Amendment and its ‘reasonableness’ standard.” The “Fourth Amendment provides an explicit textual source of constitutional protection against … physically intrusive governmental conduct … must be the guide for analyzing [Petitioner’s] claims.” Graham v. Connor, 490 U.S. 386, 395 (1989).

“ ‘Where there is a significant encroachment upon personal liberty, the State [of Wyoming] may prevail only upon showing a subordinating interest which is compelling.’” Griswold v. Connecticut, 381 U.S. 479, 497, 85 S. Ct. 1678 (1965); Bates v. Little Rock, 361 U.S. 516, 524, 80 S. Ct. 412,417 (1960); Roe v Wade, 410 U.S. 113, 155, 93 S.Ct 705, 35 (1973); Ravin v. State of Alaska, 537 P. 2d 494, 497 (1975).

“Legislative authority to abridge [plaintiff’s liberty and] property rights … can be justified only by exceptional circumstances and, even then, by reasonable regulation only, and that legislative conclusions based on findings of fact are subject to judicial review.” Nebbia v. New York, 291 U.S. 502, 543; 54 S.Ct. 505, (1934).

“It is the governmental power of self-protection and permits reasonable regulation of rights and property in particulars essential to the preservation of the community from injury.” Panhandle Eastern Pipeline Co. v. Highway Comm'n, 294 U.S. 613, 622 (1935).