CA11: While unclear whether 4A applies to pretrial detainees, 14A does and standards the same

As pretrial detainee, it’s unclear whether the Fourth Amendment applies to his claims. The Fourteenth Amendment clearly does, and, in any event the standards would be applied the same. Patel v. Lanier County, 2020 U.S. App. LEXIS 25345 (11th Cir. Aug. 11, 2020):

Patel also claimed that Deputy Smith had violated his rights under the Fourth Amendment, but as a pretrial detainee, his rights-if any-under the Fourth Amendment are unclear. “Although some courts have extended Fourth Amendment protections into the pretrial detention phase, ‘[n]either [this Court] nor the Supreme Court has decided whether the Fourth Amendment continues to provide individuals with protection from excessive force beyond the point at which an arrest ends and pretrial detention begins.'” Piazza v. Jefferson Cty., 923 F.3d 947, 952 n.6 (11th Cir. 2019) (alterations in original) (citation omitted) (quoting J W ex rel. Williams v.Birmingham Bd. of Educ., 904 F.3d 1248, 1259 (11th Cir. 2018)). We needn’t address Patel’s Fourth Amendment claims, because for reasons we’ll explain, they would effectively merge into Patel’s Fourteenth Amendment claims, in any event.

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