The Fourth Amendment provides, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Law Enforcement Officers may only use that force which is necessary to effectuate an arrest. Any time that an officer uses more force than necessary to arrest a suspect, then a violation of the Fourth Amendment has occurred. If you believe that an officer used excessive force during arrest, give us a call for a free consultation.
The Sixth Circuit Court of Appeals Reversed the Trial Court's Decision to Dismiss Family's Claim that Officer used Excessive Force when he Shot their 21 year-old Son for Suspected DUI