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To: BuckeyeTexan
Mr. Alito said, “we hold that the Fourth Amendment did not prohibit petitioners from using the deadly force that they employed to terminate the dangerous car chase.”

I'm sorry... I can't tell from the article.

Exactly what was the Fourth Amendment issue in this case?

How does shooting at a fleeing car involve unreasonable search and seizure, or warrants naming the thing and place to be searched?

Were they arguing that the person had a right to be secure in their car, and that the pursuing police didn't have a right to stop them?

-PJ

33 posted on 05/27/2014 10:06:42 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Political Junkie Too

Respondent, Rickard’s minor daughter, filed a 42 U. S. C. §1983 action, alleging that the officers used excessive force in violation of the Fourth and Fourteenth Amendments.

The specific questions presented to SCOTUS were:

1. Whether the Sixth Circuit wrongly denied qualified immunity to Petitioners by analyzing whether the force used in 2004 was distinguishable from factually similar force ruled permissible three years later in Scott v. Harris, 550 U.S. 372 (2007).

2. Whether the Sixth Circuit erred in denying qualified immunity by finding the use of force was not reasonable as a matter of law.

http://www.supremecourt.gov/qp/12-01117qp.pdf


59 posted on 05/27/2014 10:33:15 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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