Last week the United States Supreme Court expanded our federal constitutional protections against unreasonable searches and seizures. The esteemed court ruled that a person shot by an officer may sue the police, even if that person was able to drive away before being detained. The seminal issue was whether the police used ‘physical force’ to restrain or arrest the person. Physical force, the court ruled, was a seizure regardless of whether or not the person was actually subdued or otherwise detained. This ruling, by its very nature, gives more protections to those fleeing and/or those injured while attempting to flee police custody. In short, just because one may actually get away from an officer that alone does not alleviate the fact a seizure may have taken place. The question is, was the seizure unreasonable?
This unique ruling clearly may have an impact on police ‘excessive force’ claims in the future. Certainly officers’ unqualified immunity during use of force instances will be greatly curtailed; the ruling expands the window for future claims against officers for unlawful use of force. In short, officer accountability will most assuredly remain front and center for years and years to come.
If you or a loved one is facing a criminal charge (whether it be in Seattle or elsewhere), don’t hesitate to hire a qualified Seattle Criminal Defense Lawyer. The Seattle Criminal Defense Attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle criminal attorneys that are dedicated to providing top notch, aggressive representation for those arrested or charged for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether you are cited with an infraction or arrested and/or charged with misdemeanor, gross misdemeanor or a felony, protect yourself … call SQ Attorneys at (206) 441-0900.