9.25 Particular Rights-Fourth Amendment-Unreasonable Seizure of Person-Excessive (Deadly and Nondeadly) Force is a legal concept that is part of the Fourth Amendment of the United States Constitution. This concept provides protection for citizens against unreasonable seizures of persons by law enforcement, and specifically prohibits the use of excessive force, both deadly and nondeadly, against persons who are being seized. The types of nondeadly force prohibited by this legal concept include physical force, such as pushing, shoving, or striking a person being seized; verbal force, such as verbal orders or threats; and psychological force, such as intimidation or coercion. Deadly force, on the other hand, is defined as any use of force that could result in death or serious injury, such as the discharge of a firearm. The Fourth Amendment is intended to protect citizens from unreasonable searches and seizures, and this particular concept helps ensure that law enforcement officers are not using excessive force when taking a person into custody. It is important for citizens to be aware of their Fourth Amendment rights and to contact an attorney if they feel their rights have been violated.
9.25 Particular Rights-Fourth Amendment-Unreasonable Seizure of Person-Excessive (Deadly and Nondeadly) Force
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Overview of the Fourth Amendment Under the Fourth Amendment , anyone in the United States, citizen or not, has the constitutional right to be free from excessive force by police officers, sheriff's deputies, highway patrol officers, federal agents, and other law enforcement officials.
Excessive force is generally prohibited by the Fourth, Eighth, and Fourteenth Amendments.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Overview of the Fourth Amendment Under the Fourth Amendment , anyone in the United States, citizen or not, has the constitutional right to be free from excessive force by police officers, sheriff's deputies, highway patrol officers, federal agents, and other law enforcement officials.
The reasonableness clause, not the warrant clause, is the lodestar guiding all governmental conduct under the fourth amendment, as the reasonableness clause requires that even warranted searches to be executed in a reasonable manner.
For example, consider the following scenarios: An arrest is found to violate the Fourth Amendment because it was not supported by probable cause or a valid warrant. Any evidence obtained through that unlawful arrest, such as a confession, will be kept out of the case.
Examples of excessive force include: An officer who shoots a person with a service weapon. Illegal use of a baton and causing an assault and battery on a person. Unlawful use of a Taser. Assaulting a person while they are already in handcuffs or police custody.
If the excessive-force victim succeeds at trial, a jury may allow damages for pain, suffering, and to make an example out of the defendant's conduct?also known as ?punitive? damages. The victim may also get the losing party to pay the victim's attorney's fees (and costs), under 42 U.S.C. § 1988.