Friday, September 14, 2012

United States v. Schatzle case brief

United States v. Schatzle
        1. Facts: S was a secret service officer, who beat a person after he ran in front of a motorcade with Senator Gore (who was running for VP at that time). He subsequently arrested the individual. He was charged with a 242 violation, the allegation was that he used excessive force in his arrest.
        2. Issue: What is the standard for excessive force?
        3. The court holds that the use of excessive force in an arrest is a violation of a person’s fourth amendment right to be free from seizures, so the fourth amendment’s reasonableness test should be employed. The Supreme Court held that the standard is whether S was reasonable in light of the particular situation and dangers facing S at the time he encountered the individual.

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