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Is shooting a fleeing suspect a seizure?

| Oct 28, 2020 | Uncategorized |

Tennessee police are prohibited by the United States Constitution from making an illegal search or seizure. This is not limited to just evidence. When they stop a person for questioning or make an arrest, it can also rise to the level of a seizure. This may become an issue in a criminal trial.

Police shot a fleeing suspect

Just because police have stopped someone does not automatically mean that they have made a seizure. The Supreme Court is currently hearing a case that may help set a legal standard for when a seizure occurs. This can have wide ramifications across the country. In this case, a plaintiff in a civil rights case is alleging that when police shot her, it was an illegal seizure, and it violated her constitutional rights.

She kept going but claims she was seized

The catch here is that the plaintiff was in the midst of fleeing from police when they shot her. This is usually an exception to the rule that a shooting would be considered a seizure. Here, the plaintiff kept fleeing after she was shot. The question here is whether a suspect shot while in the process of fleeing would be considered to be seized. The plaintiff alleges that parts of her body were paralyzed from the gunshot wounds, even though she was in the process of fleeing from the police. The holding of this case could redefine what a seizure is for purposes of the Fourth Amendment.

People who have been charged with the commission of a crime may benefit from the counsel of a criminal defense attorney even if their case does not have complex issues such as this. When you are charged with any crime, it could have long-lasting ramifications for your future. Your attorney could act as a safeguard to make sure that your legal rights are not violated.