On October 14, 2020, the Supreme Court heard oral arguments regarding Torres v. Madrid. The question before the court was whether an unsuccessful attempt to detain a suspect by use of physical force is a “seizure” within the meaning of the Fourth Amendment, as the U.S. Courts of Appeals for the 8th, 9th and 11th Circuits and the New Mexico Supreme Court hold, or whether physical force must be successful in detaining a suspect to constitute a “seizure,” as the U.S. Court of Appeals for the 10th Circuit and the District of Columbia Court of Appeals hold.
Kent Scheidegger joins us to discuss this case’s oral arguments. Scheidegger is Legal Director and General Counsel at the Criminal Justice Legal Foundation