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United States Leading Case convention rights

Torres v Madrid

592 U.S. 306 (2021)
JurisdictionUnited States
CourtUS Supreme Court
Year2021
StatusBinding authority

Summary

A Fourth Amendment seizure occurs when an officer applies physical force to a person's body with intent to restrain, even if the person flees.

Key Principle

Fourth Amendment; seizure occurs when officer applies physical force to body with intent to restrain; shot while fleeing

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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