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Rent-A-Cop
Oct 15, 2004

I posted my food for USPOL Thanksgiving!

Lord Windy posted:

Why the fourth amendment and not the one about cruel and unusual punishments?
It wasn't punishment, it wasn't cruel, and it wasn't unusual. Which sort of rules out the 8th Amendment.

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Rent-A-Cop
Oct 15, 2004

I posted my food for USPOL Thanksgiving!

Lord Windy posted:

Shooting someone from fleeing the police isn't a cruel and unusual punishment?
Nope, it's a kind of seizure. Specifically it's apprehension by lethal force.

It was already settled law that apprehensions were seizures, and that seizures of differing severities require differing levels of justification. So an argument that lethal force is an extreme seizure requiring extreme justification is much easier to make than an argument inventing a whole new kind of 8th Amendment violation.

Rent-A-Cop
Oct 15, 2004

I posted my food for USPOL Thanksgiving!

All of the above seems to be based on what common sense dictates two people in a stressful situation should do. Common sense doesn't seem like it was in abundant supply on the ground in Ferguson though.

Rent-A-Cop
Oct 15, 2004

I posted my food for USPOL Thanksgiving!

SedanChair ruins everything.

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