Supreme Court expands meaning of 'seizure' under 4th Amendment

Re:Supreme Court expands meaning of 'seizure' under 4th Amen... by michaelmrose on Friday March 26, 2021 @12:52AM (#26588858)

If you were arrested without good cause and then let free you were seized, past tense, and then free at the same time. The same is true if you were held momentarily then got free.

Being freed in 10 seconds or 10 years later doesn't make the seizure less unlawful and your current disposition should have little to do with deciding what WAS lawful at time of seizure.

Deciding that shooting a suspect unlawfully counts as detaining them is more challenging than the current state. I would prefer to call it attempted murder and prosecute the shooter.

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Re:Supreme Court expands meaning of 'seizure' under 4th Amen... by amscanne on Friday March 26, 2021 @01:43AM (#26589080)

The suspect was, at no point during the time period relevant to complaint, under the physical control of the police. That's the point. You can say that you were "seized" if the physical control lasted 10 seconds or 10 years, but in this case there was only attempted seizure.

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Re:Supreme Court expands meaning of 'seizure' under 4th Amen... by theossuary on Friday March 26, 2021 @11:19AM (#26593151)

I don't know, I think shooting somebody (or even shooting at somebody) puts them under your physical control.

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