Under the Fourth Amendment, when police officers use force, they must adhere to a "reasonableness" standard. This abstract standard, however, has left much room for interpretation, creating a common misperception of Fourth Amendment protections of personal security. Specifically, many courts use the concept of danger to decide whether force is reasonable-that is, force is justifiable so long as danger is posed to the police officers.
This Article argues that other factors-other than danger-should guide whether force is reasonable. Moreover, this Article provides specific guidelines to ascertain when the Fourth Amendment is violated.
Kathryn R. Urbonya,
Dangerous Misperceptions: Protecting Police Officers, Society, and the Fourth Amendment Right to Personal Security,
22 Hastings Const. L.Q. 623
Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol22/iss3/2