Is force in the course of making an arrest, investigatory stop or other 'seizure' properly analyzed under the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from Hernandez v. Garcia, Case No.: 1:13-cv-01279 - LJO - JLT (E.D. Cal. 2014):
force in the course of making an arrest, investigatory stop, or other 'seizure'... are properly analyzed under the Fourth Amendment's 'objective reasonableness' standard"); see also Chew v. Gates, 27 F.3d 1432, 1440 (9th Cir. 1994) ("the use of force to effect an arrest is subject to the Fourth Amendment's prohibition on unreasonable seizures").
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