Using a roadblock to stop a fleeing suspect is a Fourth Amendment seizure of the person

• Roadblocks as a Use-of-Force Issue
• Roadblocks and Fourth Amendment Seizures of the Person

A roadblock used to stop a fleeing motorist (or bicyclist) constitutes a use of force and a Fourth Amendment seizure.  Depending upon an evaluation of the totality of the circumstances, using a roadblock in such a manner may or may not involve an excessive use of force and a Fourth Amendment violation.

Preston Seidner was riding his bicycle on a well-lit Arizona residential street (they don’t say what city) at just before midnight in February, 2020.  Seidner’s bike didn’t have a front light; a violation of Arizona law (Revised Statute § 28-816(A)).  Patrol Officer Jonathan de Vries, observing this violation, pulled ahead of Seidner to confirm that there was no headlight.  The officer then stopped ahead of Seidner and activated his marked patrol vehicle’s overhead lights.  As the officer started to get out of his car expecting to contact the bike’s rider, Seidner ignored him and went right on by.  Officer de Vries jumped back into his patrol car and initiated a 15-mph pursuit as Seidner put the pedal to the metal (so to speak), and continued to flee.  Officer ....