What is the test for determining whether the force used by a police officer in a search and seizure case was excessive?
MultiRegion, United States of America
The following excerpt is from Calamia v. City of New York, 879 F.2d 1025 (2nd Cir. 1989):
"Not every push or shove, even if it may later seem unnecessary in the peace of a judge's chambers," Johnson v. Glick, 481 F.2d, at 1033, violates the Fourth Amendment. The calculus of reasonableness must embody allowance for the fact that police officers are often
Page 1035
--- U.S. at ----, 109 S.Ct. at 1872. Thus, a proper assessment of whether the force used was excessive
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