Custom «4th Amendment Seizures» Sample Essay
Table of Contents
- Graham who is diabetic asked Berry to drive him to a convenience store to buy orange juice.
- Graham hurried out of the store, asking his friend to drive him to a friend’s since the store was crowded.
- Respondent Connor became suspicious, followed the duo, to investigate cause for their hurry
- Police officers handcuffed Graham, ignoring his pleas that he was diabetic and needed medication.
- Graham was injured in the process
- Connor released him after learning that nothing had been stolen
- Graham sued the police respondents for using excessive force on him
Statute: The United States had a law which stated "Any person, who rushes about pavements, streets, shops, stores or other public property, raises an alarm and does not give satisfactory cause for their behavior should be arrested and investigated.
Legal Issue: Is this law fair considering that a person’s behavior may be preempted with matters of urgency that must be taken care of within the shortest time possible.
Procedure: Graham sued the police for using excessive force on him, causing him multiple injuries and infringing his rights as spelled under the United States Constitutions of 1983.
Holding and Decision: the Supreme Court ruled that some reason should apply in a person’s allegation that officers enforcing the law applied excessive force in their arrest, investigatory stop and seizure of the accused person.
Rationale: Since the amendment does not provide sufficient ways of detecting “ a suspicious character,” it offers an explicit written source of constitutional defense against this kind of physically invasive governmental behavior, that Amendment, at least an indiscriminate concept of 'substantive outstanding process,' ought to be the control for investigating these claims.
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