However, as it was dark, and both officers were in darker clothing and tactical vests, though still wore police badges, Torres mistook their orders as a possible carjacking and began to set the car in motion.

Torres was hit multiple times but continued to drive the car off and away from the officers, evading any immediate pursuit, and eventually to a hospital to be treated.

Torres argued that the officers' actions prior to her trying to move the car amounted to an arrest and seizure, and thus the use of gunfire to stop her was unreasonable at that point.

[5][3] Torres petitioned to the Supreme Court on the question whether the unsuccessful attempt to detain her was considered a "seizure" within context of the Fourth Amendment.

[7] The Supreme Court agreed in December 2019 to hear the case prior to June 2020,[8] but due to the COVID-19 pandemic, was pushed to be heard on October 14, 2020.

[12] Roberts wrote in his opinion, "The officers' shooting applied physical force to her body and objectively manifested an intent to restrain her from driving away.