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Keywords

damagessummary judgmentcommon lawseizure

seizure

Related Cases

Torres v. Madrid

Facts

On July 15, 2014, New Mexico State Police officers attempted to execute an arrest warrant for a woman suspected of serious crimes. When they approached the vehicle of Roxanne Torres, she, believing they were carjackers, attempted to flee. The officers fired at her, hitting her twice, but she managed to escape and later sought damages under 42 U.S.C. y83, claiming excessive force and unreasonable seizure under the Fourth Amendment.

At dawn on July 15, 2014, four New Mexico State Police officers arrived at an apartment complex in Albuquerque to execute an arrest warrant for a woman accused of white collar crimes, but also 'suspected of having been involved in drug trafficking, murder, and other violent crimes.'

Issue

The main legal issue was whether a seizure occurs under the Fourth Amendment when an officer shoots someone who temporarily eludes capture after the shooting.

The question in this case is whether a seizure occurs when an officer shoots someone who temporarily eludes capture after the shooting.

Rule

The Court ruled that the application of physical force to a person's body with the intent to restrain constitutes a seizure, even if the force does not succeed in subduing the person.

The application of physical force to the body of a person with intent to restrain is a seizure, even if the force does not succeed in subduing the person.

Analysis

The Court applied the rule by examining the common law definition of seizure, which includes any application of physical force with the intent to restrain. The shooting of Torres was deemed a seizure because it involved physical force applied to her body with the intent to stop her from fleeing, regardless of her subsequent ability to escape.

The Court explained that the application of physical force to the body of a person &or the purpose of arresting him`was itself an arrestnot an attempted arresteven if the person did not yield.

Conclusion

The Supreme Court concluded that Torres was seized under the Fourth Amendment when the officers shot at her, and thus the lower court's summary judgment in favor of the officers was vacated and the case was remanded.

The Supreme Court concluded that Torres was seized under the Fourth Amendment when the officers shot at her.

Who won?

Roxanne Torres prevailed in the case as the Supreme Court ruled that the shooting constituted a seizure under the Fourth Amendment.

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