The amendment protects against unreasonable searches and seizures. Claims include excessive force during arrest, warrantless entry, unlawful detention, and improper searches, each assessed for objective reasonableness.
A seizure requires termination of freedom of movement.
Alternative Names:
Fourth Amendment Violation|Search and Seizure Claim
Why it Matters?
Whether a seizure occurred is the threshold question, since consensual encounters and pursuits where the subject did not submit are not seizures and the analysis ends there. Torres extended seizure to include application of force with intent to restrain even where the subject escaped, which broadened the category. Establishing the precise moment of seizure also frames which conduct is evaluated for reasonableness.
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Related terms
Frequently asked questions
What is the threshold question?
What did Torres change?
