What is the test for a Fourth Amendment right to be free from unreasonable seizure resulting from the use of excessive force?
MultiRegion, United States of America
The following excerpt is from Shirley v. City of Whitefish, Mont., 103 F.3d 140 (9th Cir. 1996):
We disagree. The Fourth Amendment right to be free from an unreasonable seizure resulting from the use of excessive force in the course of a lawful arrest was clearly established on October 13, 1993, the date of the events involved in this appeal. Hernandez v. City of Los Angeles, 624 F.2d 935, 938 (9th Cir.1980).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff bring a claim for excessive force under the Fourth Amendment against a police force that uses excessive force? (MultiRegion, United States of America)
Is Wardlow entitled to have his claim that the police used excessive force, excessive force and excessive force on the basis that he was a drug courier? (MultiRegion, United States of America)
What is the test for alleging unlawful arrest, unreasonable search and seizure, or use of excessive force under the Eighth Amendment? (MultiRegion, United States of America)
When a prison guard stands accused of using excessive force in violation of the Eighth Amendment, what is the test for excessive force? (MultiRegion, United States of America)
What is the test for a Fourth Amendment right to be free from excessive force? (MultiRegion, United States of America)
Are there any cases where the use of excessive force during the arrest of a man by a police officer violates his Fourth Amendment rights? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
Is handcuffing excessive force in violation of the Fourth Amendment? (MultiRegion, United States of America)
How does the Fourth Amendment protect against unreasonable searches and seizures? (MultiRegion, United States of America)
What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
