Tonya L. Carswell, Administratrix of the Estate of GILBERT Carswell, deceased, on behalf of the Estate of GILBERT Carswell, deceased and tonya L


Constitutional Law > Search & Seizure > Scope of Protection



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Constitutional Law > Search & Seizure > Scope of Protection

Constitutional Law > Civil Rights Enforcement > Civil Rights Act of 1871 > Law Enforcement Officials

[HN2] Use of excessive force by a law enforcement officer is considered a "seizure" under the Fourth Amendment, which prohibits such unlawful action. The test is an objective one, which scrutinizes the reasonableness of the challenged conduct. The facts to be examined include the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officer or others, and whether he is actively resisting arrest or attempting to evade arrest by flight. Reasonableness is to be evaluated from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. Where an officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force.



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