“Imagine, for example, that a police officer randomly opens fire on two innocent bystanders, with no justification whatsoever for doing so. One of those bystanders is struck in the arm and successfully flees; the other is struck in the leg and thus is unable to escape the officer.
Under Roberts’s rule, both of these bystanders could bring a Fourth Amendment suit against the officer. But under Gorsuch’s rule, only the person struck in the leg could do so. Whatever the framers intended to accomplish when they drafted the Fourth Amendment, it’s hard to imagine that they wanted to write such an arbitrary distinction into the Constitution.”
“practical effect of Torres…means that officers who use excessive force can be subject to Fourth Amendment suits, even if the plaintiff in that suit successfully escaped the officer.”
“In an important win for Fourth Amendment advocates, a Virginia man’s arrest for refusing to show identification to the police has been ruled unconstitutional by a federal appellate court.”
” “To be sure, officers may always request someone’s identification during a voluntary encounter,” the court said. “But they may not compel it by threat of criminal sanction. Allowing a county to criminalize a person’s silence outside the confines of a valid seizure would press our conception of voluntary encounters beyond its logical limits. We therefore decline to do so here.”
If Wingate had been lawfully detained by the police, the 4th Circuit said, then the officer could require him to show ID. But that was not what happened here.”