[muawiyah]

It’s not a Fourth Amendment case. Read it.

[Castigar]

“It’s not a Fourth Amendment case. Read it.”

I think it doesn’t matter if it’s a fourth amendment case. The ruling is a violation of it whether it’s a fourth amendment case or not.

[cpdiii]

“The court's decision arises out of a case in which a husband and wife were arguing outside their apartment. When police arrived to investigate, the couple retreated into their domicile. The husband attempted to close the door, but one officer forced his way into the apartment. The husband shoved the intruder against a wall, whereupon a second officer used a stun gun on the man and arrested him.”

If the woman was in danger of harm the officers had a duty to intervene. If this was a simple argument between a husband and wife and there was no danger, this is most definitely a 4th amendment issue. It was a 3-2 decision.