The Supreme Court of the United States recently issued an opinion in Torres v. Madrid, finding that the “application of physical force to the body of a person with the intent to restrain is a seizure even if the person does not submit and is not subdued.” The ruling will likely have a significant impact on Virginia criminal appeals involving Fourth Amendment violations. The case arose when state police officers approached a vehicle that was in a parking spot with its engine on. When the officers attempted to speak to the driver, the driver sped away-believing the officers to be carjackers. In response, the officers fired their weapons, striking the victim twice. The woman switched vehicles and drove to a hospital. The woman was arrested the following day, and she pleaded no contest to three criminal offenses.
The woman filed a civil rights lawsuit against the officers, arguing that the shooting was an unlawful seizure and a violation of her Fourth Amendment rights. The lower court concluded that the officers were entitled to qualified immunity. The court reasoned that the officers did not “seize” Torres when the shooting occurred, and without the requisite “seizure,” a Fourth Amendment violation could not exist.
Under the Fourth Amendment, the constitution grants individuals the right to “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Supreme Court explained that historically seizure inquiries involve the common law rules regarding arrest-which is the seizure of a person. Further, the court opined that physical force to the body of a person with the intent to restrain is an attempted arrest, even if the person does not yield.
In this case, the Court found that the officers who used force from afar did not change the seizure analysis. In situations like this, the inquiry is whether the conduct amounted to an intent to restrain. The officer’s subjective motive or perception does not change this inquiry. Ultimately, the court found that the officers seized the victim by shooting her with the intent to restrain her ability to move. However, the court did not opine on the reasonableness of the seizure, the victim’s damages, or the police officers’ entitlement to qualified immunity.
Have You Been Charged with a Virginia Criminal Offense?
If you or someone you know faces Virginia criminal charges or needs assistance with a criminal appeal, contact Robinson Law. Our legal team has over 50 years of combined experience representing Virginia criminal defendants facing charges related to Virginia DUI offenses, assaults and batteries, drug charges, expungements, federal crimes, juvenile offenses, probation violations, and sex crimes. The attorneys at our law firm keep up-to-date on all relevant legal changes that can impact our clients. We provide clients with respect, compassion, and aggressive representation through all stages of their criminal charges. In addition to initial charges, our attorneys handle criminal appeals based on prosecutorial misconduct, constitutional violations, evidentiary issues, and more. Contact our office at 703-542-4008 to schedule a free initial consultation with a Virginia criminal defense attorney on our team.