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BComplex

(9,608 posts)
2. The excessive use of force is interesting:
Thu Mar 25, 2021, 12:42 PM
Mar 2021
Held: The application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued. Pp. 3–18. (a) The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreason-able searches and seizures.” This Court’s precedents have interpretedthe term “seizure” by consulting the common law of arrest, the “quin-tessential” seizure of the person. Payton v. New York, 445 U. S. 573, 585; California v. Hodari D., 499 U. S. 621, 624. In Hodari D., this Court explained that the common law considered the application of physical force to the body of a person with the intent to restrain to be an arrest—not an attempted arrest—even if the person does not yield


I wonder how this is going to be applied in the future.

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