ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Criminal Law

: Fourth Amendment

N.D.Ill.: Police shooting of bystander not a Fourth or due process claim, except for the "shocks the conscience" test

By John Wesley Hall, Jr.

ADVERTISEMENTS
Plaintiff's claim of being an accidentally shot bystander did not state a Fourth Amendment claim because he was not the person to whom the officers were attempting to apply force. Instead, the "shocks the conscience" standard (Rochin) applies, and plaintiff cannot meet it. Warfield v. City of Chicago, 2008 U.S. Dist. LEXIS 54629 (N.D. Ill. July 16, 2008): A Fourth Amendment seizure occurs only when there is a "governmental termination of freedom of movement through means intentionally applied." Brower v. County of Inyo, 489 U.S. 593, 596-97 (1989) (emphasis in original). The means of detention must be intentionally applied "to the object of the detention." Berg v. County of Allegheny, 219 F.3d 261, 269 (3d Cir. 2000). "[A] Fourth Amendment seizure does not occur whenever there is a governmentally caused termination of an individual's freedom of movement (the innocent passerby), nor even whenever there is a governmentally caused and governmentally desired termination of an individual's freedom of movement (the fleeing felon), but only when there is governmental termination of freedom of movement through means intentionally applied...continue to full post

Full post as published by Fourth Amendment on July 21, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0141 secs (new cache)