Excessive force claims are said to lie within which amendments?

Excessive force claims are said to lie within which amendments?

• A. 1st and 4th amendments
• B. 5th and 14th amendments
• C. 4th and 14th amendments
• D. 8th and 14th amendments

Answer: (C)

Excessive force claims are evaluated under two constitutional protections, depending on the stage of the encounter. During an arrest or seizure, the Fourth Amendment bars unreasonable seizures, and the force used is judged under the objective reasonableness standard established in Graham v. Connor, considering the totality of the circumstances to determine if the force was appropriate to achieve a legitimate policing objective. For individuals in custody after arrest but before trial, the Fourteenth Amendment's due process clause applies, with the modern approach (as clarified in cases like Kingsley v. Hendrickson) focusing on objective reasonableness in the context of pretrial detention. Together, these two provisions cover excessive force claims, whereas the Eighth Amendment applies to punishments of convicted prisoners and the Fifth Amendment does not govern use-of-force claims in seizures.

Excessive force claims are evaluated under two constitutional protections, depending on the stage of the encounter. During an arrest or seizure, the Fourth Amendment bars unreasonable seizures, and the force used is judged under the objective reasonableness standard established in Graham v. Connor, considering the totality of the circumstances to determine if the force was appropriate to achieve a legitimate policing objective. For individuals in custody after arrest but before trial, the Fourteenth Amendment's due process clause applies, with the modern approach (as clarified in cases like Kingsley v. Hendrickson) focusing on objective reasonableness in the context of pretrial detention. Together, these two provisions cover excessive force claims, whereas the Eighth Amendment applies to punishments of convicted prisoners and the Fifth Amendment does not govern use-of-force claims in seizures.