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Question
what is the basis of the tests used to judge whether an officer used excessive force in making an arrest?
o a. the fourth amendment to the u.s. constitution
o b. the procedural guidelines of the force the officer serves
o c. two supreme court cases, tennessee v. garner and graham v. connor
o d. common law standards of unlawfulness, necessity, and reasonableness
The Fourth Amendment protects against unreasonable searches and seizures. When judging excessive force in an arrest, the basis is the Fourth Amendment as it sets the standard for what is reasonable. Procedural guidelines (b) are internal and not the fundamental basis. While Supreme Court cases (c) interpret the Fourth Amendment, the amendment itself is the basis. Common - law standards (d) are not the primary basis for this constitutional - level judgment.
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a. the Fourth Amendment to the U.S. Constitution