Torres v. Madrid
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Case Overview
CITATION
ARGUED ON
DECIDED ON
DECIDED BY
592 U.S. __
Oct. 14, 2020
Mar. 25, 2021
Legal Issue
Must the application of physical force used to detain a suspect be successful to constitute a “seizure” under the Fourth Amendment?
Holding
No, 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.
Officers with the New Mexico State Police | Credit: New Mexico State Police
Background
On the morning of July 15, 2014, officers from the New Mexico State Police arrived at an apartment complex in Albuquerque to execute an arrest warrant for a suspect involved in a violent crime. In the parking lot, the officers observed Roxanne Torres standing near a vehicle. As the officers approached, Torres entered the driver’s seat of her car while experiencing methamphetamine withdrawal. Unaware of the officers’ identities and believing that armed carjackers were attempting to steal her vehicle, Torres accelerated her vehicle to escape. Two officers fired thirteen shots at her vehicle to stop her, striking Torres twice in the back and injuring her left arm. Despite her injuries, Torres continued to accelerate through the gunfire, drove to a nearby parking lot, and stole another vehicle to drive 75 miles to a hospital in Grants, New Mexico. Because she required specialized medical care, Torres was airlifted back to a hospital in Albuquerque, where police identified and arrested her the following day.
Torres pleaded no contest in state court to charges of assault on a peace officer, aggravated fleeing from a law enforcement officer, and unlawful taking of a motor vehicle. Torres subsequently filed a federal civil rights lawsuit against the two officers under 42 U.S.C. §1983, alleging that their use of deadly force constituted an unreasonable seizure under the Fourth Amendment. The U.S. District Court for the District of New Mexico granted summary judgment in favor of the officers. On appeal, the U.S. Court of Appeals for the Tenth Circuit affirmed the judgment, holding that a Fourth Amendment seizure requires officers to obtain physical control over a suspect. The U.S. Supreme Court then granted certiorari.
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Writing for the Court, Chief Justice John Roberts held that “[t]he 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.” Looking to founding-era understandings and common law antecedents, Roberts explained that the Fourth Amendment’s guarantee against unreasonable seizures of persons was historically linked to the common law of arrest, under which any application of physical force with intent to restrain constituted a completed arrest rather than a mere attempt. Roberts emphasized that accidental force or force applied for non-restraint purposes didn’t qualify, clarifying that “[a] seizure requires the use of force with intent to restrain, as opposed to force applied by accident or for some other purpose.” Roberts established that this evaluation relied on an objective standard, stating that “the appropriate inquiry is whether the challenged conduct objectively manifests an intent to restrain,” regardless of the officer’s subjective motivation or the suspect’s subjective perception.
Tracing the historical “mere-touch” rule back to decisions from English and early American common law, Roberts observed that courts uniformly held that the slightest application of physical force completed an arrest even if the suspect immediately escaped. Responding to arguments that an officer must touch a suspect by hand, Roberts reasoned that “[t]he required ‘corporal seising or touching the defendant's body’ can be as readily accomplished by a bullet as by the end of a finger.” Roberts rejected the officers’ proposed alternative test, which would’ve required an “intentional acquisition of physical control” for all Fourth Amendment seizures, explaining that while physical control describes seizures resulting from a show of authority or roadblocks, seizures by physical force carry a distinct common law pedigree that avoids line-drawing puzzles over when control is actually achieved. Applying these principles to the case, Roberts held that the officers applied physical force to Torres that objectively manifested an intent to restrain her movement when they fired their service weapons at her vehicle. As a result, Roberts found that “the officers seized Torres for the instant that the bullets struck her.”