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The U.S. Court of Appeals for the Tenth Circuit held that police officers shooting a fleeing person is not a seizure of the person -- and therefore does not implicate the Fourth Amendment in any way -- unless the officers' bullets not only hit her, but succeed in terminating her movement. The ACLU's amicus brief argues that the Tenth Circuit’s rule is inconsistent with Supreme Court jurisprudence on the definition of a seizure as well as basic Fourth Amendment principles. The ACLU's brief also explains how the Tenth Circuit’s rule creates a dangerous gap in accountability with significant real-world consequences.