Issue: Whether the unreasonableness of a search and excessive force claims are analyzed the same way for purposes of a federal civil rights action?
| Area of Law: | Constitutional Law |
| Keywords: | Unreasonableness of a search; Excessive force claims; Civil rights action |
| Jurisdiction: | Federal |
| Cited Cases: | 45 F.3d 1040; 490 U.S. 386; 441 U.S. 520 |
| Cited Statutes: | Fourteenth Amendment; Fourth Amendment |
| Date: | 06/01/2001 |
Whether a search is unreasonable under the Fourth Amendment and whether excessive force was used in the search under the Fourteenth Amendment are two separate issues. To determine whether a search is reasonable, in a Fourth Amendment analysis, a court balances the need for the particular search against the invasion of personal rights that the search entails. Bell v. Wolfish, 441 U.S. 520, 559 (1979); Kraushaar v. Flanigan, 45 F.3d 1040, 1045 (7th Cir. 1995). This is quite different from the Fourteenth Amendment inquiry. In judging whether a search is unreasonable under the Fourth Amendment, three factors are considered: (1) the severity of the crime at issue; (2) whether the suspect posed an immediate threat to the officer’s or others’ safety; and (3) whether the suspect actively resisted arrest by flight. Graham v. Connor, 490 U.S. 386, 396 (1989).
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