Cops can't just beat people, or shoot them, and escape the fourth amendment by saying their intent was simply something other than restraint.

"I shot him to scare him away, not restrain him." can't be a cheat code.
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And this messes up Hodari entirely (completely unaddressed here). If the use of force wasn't an attempt to directly restrain a target, the surely it is a show of authority which Hodari says *still* causes a seizure to occur.
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