Page 10 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task: Physical Seizure of The Person

Brower v. Inyo County, 489 U.S. 593 (1989).

A physical seizure occurs only when physical force to stop a person

is used through a means intentionally applied.

• Force that is accidentally applied to innocent third parties is not a

th
seizure or use of force under the 4 Amendment.

• Force intentionally applied to an innocent third party due to a

mistaken belief that the third party is a suspect does constitute a 4 th

Amendment seizure

©2021 Jack Ryan Legal & Liability Risk Management Institute 9