Question
The police receive a 9-11 call at 11 PM on a Sunday night. The caller reports that a mddle aged man is staggering down the
The police receive a 9-11 call at 11 PM on a Sunday night. The caller reports that a mddle aged man is staggering down the middle of the street of the neighborhood. The caller states that he appears drunk and is yelling obscenities loud enough to be heard even inside the house. A police unit with 2 officers arrive on the scene. With the police car lights on, they approach the man. When he sees the officers, he begins swearing at them. The officers state who they are and ask the man if he's alright. The man does not seem to hear or understand the officers. The man then walks up onto the sidewalk and falls to his knees. The officers tell the man to just stay on the ground, that they will come to help him. When one of the officers takes the man's arm, the man swings his fist and punches the officer in the face. The second officer then pushes the man forcing him onto his stomach on the ground. Then both officers have to kneel on the man's back and legs, as the man is kicking and screaming and will not follow commands to lie quietly. The officers are finally able to handcuff the man.
The man remains combative and disoriented as a second police unit and paramedics arrive.
ANSWER BRIEFLY THE FOLLOWING QUESTIONS:
1. What is the Constitutional issue on this case? (20 Points)
2. What Amendment is involved? And which part of that Amendment specifically? (40 Points)
3. What Supreme Court case that we have studied applies to this situation? (20 Points)
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