[Political Junkie Too]

OK, so "force" is controlled by the 4th amendment? I did not know that.

Is that because the 4th amendment controls warrants for persons being seized, and forceable seizure vs. being secure in one's houses and effects is considered unreasonable when one is being fired upon for fleeing in a car?

I think I see the reasoning now.

-PJ

[BuckeyeTexan]

OK, so "force" is controlled by the 4th amendment?

There are four different standards to determine what constitutes a government official’s use of excessive force, depending on the circumstances. These are variously grounded in the 4th, 8th, and 14th amendments to the United States Constitution.

The constitutional standards for permissible force depend entirely upon the custodial status of the alleged victim of force—that is, whether the victim is a pretrial detainee (one whom the government has probable cause to believe has committed a crime but has not yet been convicted, and who is confined in a jail prior to trial2), a convicted criminal, or a free citizen.

• A pretrial detainee is protected under the 14th Amendment’s right to substantive due process, and to violate the Constitution the official’s use of force must be “conscience-shocking” (with two separate culpability standards depending on whether the situation is an emergency, or not);
• An incarcerated convict is protected under the 8th Amendment’s cruel and unusual punishment clause, and to violate the Constitution the official’s force must be used “maliciously and sadistically with the very purpose of causing harm”; and
• A free citizen is protected under the 4th Amendment’s search and seizure standard, and to violate the Constitution an official’s use of force must not be “objectively reasonable.”

Source

[Lurking Libertarian]

Is that because the 4th amendment controls warrants for persons being seized, and forceable seizure vs. being secure in one's houses and effects is considered unreasonable when one is being fired upon for fleeing in a car?

An arrest is a "seizure." The argument was that shooting to kill was an "unreasonable" method of "seizing" the driver.

[Lurking Libertarian]

Is that because the 4th amendment controls warrants for persons being seized, and forceable seizure vs. being secure in one's houses and effects is considered unreasonable when one is being fired upon for fleeing in a car?

An arrest is a "seizure." The argument was that shooting to kill was an "unreasonable" method of "seizing" the driver.