What is the test for a Fourth Amendment claim of unreasonable seizure in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Marquez v. Andrade, 79 F.3d 1153 (9th Cir. 1995):
Fourth Amendment claims of unreasonable seizure also require courts to evaluate any force used after the initial contact and throughout "the course of an ... investigatory stop." Graham v. Connor, 490 U.S. 386, 395 (1989). The parties do not dispute that, like the initial police conduct, subsequent police conduct constitutes a seizure under the Fourth Amendment only if the conduct was intentionally committed by law enforcement officers.
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