Torres v. Madrid
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Torres v. Madrid and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Torres v. Madrid.
In Torres v. Madrid, the Supreme Court addressed whether the application of physical force with intent to restrain constitutes a seizure under the Fourth Amendment. The case involved police officers shooting Roxanne Torres, who fled after being struck. The Court vacated the Tenth Circuit's decision, which had held that a suspect's continued flight negates a Fourth Amendment seizure.
Holding
The single most important “bottom line” of what the Court decided in Torres v. Madrid.
The Court held that the application of physical force to the body of a person with intent to restrain is a seizure, even if the person does not submit and is not subdued.
Constitutional Concepts
These are the Constitution-related themes that appear in Torres v. Madrid. Click a concept to see other cases that involve the same idea.
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Why Search and Seizure is relevant to Torres v. Madrid
The case directly addresses the definition of 'seizure' under the Fourth Amendment and whether the application of physical force constitutes a seizure.
Syllabus excerpt (verbatim)The Fourth Amendment protects '[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.'
Key Quotes
Short excerpts from the syllabus in Torres v. Madrid that support the summary and concepts above.
The application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued.
The Fourth Amendment protects '[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.'
A seizure requires the use of force with intent to restrain, as opposed to force applied by accident or for some other purpose.
