{"id":42316,"date":"2020-02-10T20:43:29","date_gmt":"2020-02-11T01:43:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42316"},"modified":"2020-02-10T20:43:29","modified_gmt":"2020-02-11T01:43:29","slug":"reason-the-volokh-conspiracy-the-role-of-originalism-in-torres-v-madrid","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=42316","title":{"rendered":"Reason: The Volokh Conspiracy: The Role of Originalism in Torres v. Madrid"},"content":{"rendered":"<p>Reason: The Volokh Conspiracy: <a href=\"https:\/\/reason.com\/2020\/02\/10\/the-role-of-originalism-in-torres-v-madrid\/\">The Role of Originalism in Torres v. Madrid<\/a> by Orin S. Kerr (&#8220;Some preliminary thoughts on a fascinating case.&#8221;)<br \/>\n<!--more--><\/p>\n<blockquote><p>In late March, the Supreme Court will hear argument in a Fourth Amendment case, Torres v. Madrid, on what is a Fourth Amendment &#8220;seizure.&#8221;  The question in Torres is whether a person is &#8220;seized&#8221; if the government uses physical force to try to stop someone but the force does not succeed in stopping her.  The suspect was driving away from the police, a police officer shot at the car and injured her, but she continued to drive away.  Was the shooting that injured her a Fourth Amendment &#8220;seizure&#8221;?<\/p>\n<p>In this post, I want to discuss a really interesting question that I see underlying Torres:  To what extent should the Court defer to common law rules in interpreting the Fourth Amendment when the context in which the rules were announced is very different from today?<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Reason: The Volokh Conspiracy: The Role of Originalism in Torres v. Madrid by Orin S. Kerr (&#8220;Some preliminary thoughts on a fascinating case.&#8221;)<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[83],"tags":[],"class_list":["post-42316","post","type-post","status-publish","format-standard","hentry","category-scotus"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42316","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=42316"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42316\/revisions"}],"predecessor-version":[{"id":42317,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42316\/revisions\/42317"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42316"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42316"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42316"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}