The Circuits have had varying approaches.
The most important unresolved Fourth Amendment issue is where should Fourth Amendment scrutiny begin when law enforcement officers caused or contributed to cause their use of deadly force? A person is not seized until they are shot or accede to police authority. They are not seized for Fourth Amendment purposes until they are no longer free to go. Many of the cases involve suicidal, mentally disturbed individuals who are not complying with police commands and who have not committed an offense until they raise or point a weapon at an officer. This white paper discusses if the Fourth Amendment review should concentrate only on the moment of shooting to the exclusion of events leading up to it; and reviews where reasonableness analysis should begin.
Wayne C. Beyer, Esq.
- Trial lawyer, author, presenter, former federal official and administrative appeals judge
- Lead counsel in over 300 police misconduct and corrections cases, including dozens of jury trials, involving Fourth Amendment excessive force, false arrest, illegal search, fatal shootings, positional asphyxia, cell suicide, pursuits, failure to render medical assistance, failure to protect, First Amendment, malicious prosecution, and wrongful conviction
- Assistant corporation counsel and assistant attorney general for the District of Columbia and outside counsel to New Hampshire’s Property and Liability Insurance Trust
- Presenter at national programs for Georgetown University Law Center, Defense Research Institute, the American Bar Association, the Federal Judicial Center for District and Magistrate Judges, and many webinars
- Author of law review and magazine articles on police misconduct, including the 1,540-page treatise and handbook, “Police Misconduct: A Practitioner’s Guide to Section 1983,” available from Juris Publishing at http://www.jurispub.com/ Bookstore/United-States/Police-Misconduct.html
- Member of New Hampshire and D.C. Bars, International Association of Chiefs of Police, National Sheriffs Association, and Police Executive Research Forum
- Formerly associate and partner at prominent New Hampshire law firms; chief of staff U.S. General Services Administration; and rendered 750 final decisions on employment and labor issues for the executive branch of the United States government as member, chairman, chief judge, U.S. Department of Labor Administrative Review Board and member Federal Labor Relations Authority
- Degrees from Dartmouth College, Harvard University, and Georgetown University Law Center
- Can be contacted at 603-356-5106 or [email protected]
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