Читать книгу Evaluating Police Uses of Force - Seth W. Stoughton - Страница 45

While it is fairly clear that the Fourth Amendment regulates the use of force when that force amounts to a seizure, the state law standard is more complicated. Indeed, it would be more accurate to discuss the variety of state law standards because, unlike the solitary concept of “seizure,” there is no one definition or single answer to the question of what state law regulates. State law may be best understood as regulating the infliction of various harms caused by the commission of different types of wrongdoing, potentially including the use of force. Understanding the scope of how state law regulates the use of force requires understanding how state law regulates criminal and tortious acts.