Torres v. Madrid

Torres v. Madrid asks whether police make a Fourth Amendment seizure when they use physical force to stop someone but do not immediately capture that person. The case grew out of a New Mexico incident in which officers shot Roxanne Torres as she drove away, and she escaped for a time before being arrested later.

The case has not been scheduled for oral argument yet. The core fight is whether physical force alone can be a seizure, or whether it must actually detain the person.

The answer could affect excessive-force lawsuits by people who were shot or otherwise touched by police but kept moving. For officers and suspects alike, it will shape when Fourth Amendment protections begin during a fast-moving encounter.

Watch for oral argument or another scheduling move from the Court. No decision window is available yet.

The Court must decide whether police seize a person by using physical force even if that person is not immediately stopped. Here, Torres was shot but escaped for a time.

It could shape when people may bring Fourth Amendment excessive-force claims after police shootings or similar encounters. That matters for fleeing suspects, officers, and civil-rights lawsuits.

The next sign of movement is oral argument being scheduled or another calendar update from the Court. After that, readers can watch for briefing and argument details.