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Qualified Immunity

5-4

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The Fourth Amendment's Prohibition on Unreasonable Searches and Seizures

I think it's obvious that we believe that this sort of police conduct violates the Fourth Amendment. The idea that these rights aren't clearly established is absurd. But obviously there are going to be cases that are not that transparently, obviously a constitutional violation. If the police purposefully create the conditions that lead to a situation where they have no choice but to shoot someone, then that should be just as much of a constitutional violation as a circumstance where they shoot someone for no reason.

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