SCOTUS: Torres v. Madrid argued today

Torres v. Madrid, 19-292:

Issue: Whether an unsuccessful attempt to detain a suspect by use of physical force is a “seizure” within the meaning of the Fourth Amendment, as the U.S. Courts of Appeals for the 8th, 9th and 11th Circuits and the New Mexico Supreme Court hold, or whether physical force must be successful in detaining a suspect to constitute a “seizure,” as the U.S. Court of Appeals for the 10th Circuit and the District of Columbia Court of Appeals hold.

Forbes: Supreme Court Could Create New Fourth Amendment Loophole For Police Shootings by Nick Sibilla (“In the wake of the George Floyd protests, a police shooting case on the Supreme Court’s docket has taken on a new sense of urgency and relevance. On Wednesday, the Supreme Court will hold oral argument in Torres v. Madrid, which centers on whether a woman who was shot in the back by police but managed to escape was ‘seized’ under the Fourth Amendment, and could sue the officers responsible.”)

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