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1 1 (November 12, 2020)

handle is hein.crs/govdcoz0001 and id is 1 raw text is: Research Servi Torres v. Madrid: Police Use of Force, Fourth Amendment Seizures, and Fleeing Suspects? November 12, 2020 In recent months, many in Congress have shown interest in the laws governing the use of force by law enforcement following incidents such as the death of George Floyd in police custody and the fatal shooting of Breonna Taylor by officers executing a no-knock search warrant. In October, the United States Supreme Court heard oral arguments in Torres v. Madrid, an appeal from the Tenth Circuit that asks when police use of force is subject to the Fourth Amendment's prohibition against unreasonable seizures. Specifically, the question presented by Torres is whether a suspect has been seized within the meaning of the Fourth Amendment when an officer intentionally uses force to detain that suspect, but is unsuccessful-such as when the suspect temporarily evades capture. The Supreme Court has on several occasions used language that at least indirectly addresses the possibility of seizure by an unsuccessful use of force, but such language at times appears contradictory and courts have disagreed on how to apply it. This Sidebar briefly outlines relevant precedent on seizure by unsuccessful use of force before analyzing the lower court decisions in Torres, the theories presented on appeal, and the likely implications of the case. The Fourth Amendment and Unsuccessful Seizure Precedent The Fourth Amendment limits the ability of police officers to use force when making arrests. In relevant part, it prohibits unreasonable searches and seizures. Therefore, the determination of whether the use of force by police is unconstitutional under the Fourth Amendment often turns on whether it is reasonable. But because the Fourth Amendment governs searches and seizures, police use of force will only be analyzed under that clause if it qualifies as a search or seizure. A seizure generally occurs when the officer, by means of physical force or show of authority restrains the liberty of a citizen or the freedom of a person to walk away. Federal courts disagree, however, on whether seizure occurs when an officer intentionally applies force to a suspect who then flees. Although the Supreme Court has not directly ruled on whether such unsuccessful use of force is a seizure, it has made statements on the issue in other cases involving related topics such as attempted seizure by show of authority and successful seizure by use of force. Those statements arguably conflict and have been applied inconsistently by other courts. Congressional Research Service https://crsreports.congress. gov LSB10552 CRS LegaM Sidebar Prepared for Members and comrnittees of Congress

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