Read the following excerpt from a US court opinion:
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in violation of the Fourth Amendment. Watson testified that he arrested Wall because Wall stopped walking towards his car. Wall testified that he never stopped. He was walking away as directed and merely asked Watson to investigate a possible assault. Moreover, Wall never intimidated or obstructed employees or customers in Watson’s presence. California law prohibits a peace officer from arresting someone suspected of committing a misdemeanor unless the officer “has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence.” Cal.Penal Code § 836(a)(1). Additionally, the arrest was accomplished by violence, again in violation of the Fourth Amendment. See Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) . If Wall’s account is true, the balance of the
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that the fourth amendment protects against the use of excessive force by police officers in carrying out an arrest
B. holding that the severity of the plaintiff s injuries for which he sought medical attention and received treatment supports the reasonable inference that the amount of force used by the defendant was excessive
C. recognizing that deadly force is only justified where a suspect poses an immediate threat
D. holding avoiding arrest is not the same as resisting arrest
E. holding that a fourth amendment excessive force analysis requires careful attention to the facts and circumstances of each particular case including the severity of the crime at issue whether the suspect poses an immediate threat to the safety of the officers or others and whether he is actively resisting arrest or attempting to evade arrest by flight
Reply with [A, B, C, D, E] only.