Thus making it easier for cops to protect themselves against threats
Dan Calabrese , Bio and Archives--May 31, 2017
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For awhile there, cop-hating liberals and libertarians had themselves a loophole that made it easier to come down on cops who used force in self-defense. According to the so-called "provocation doctrine," if police had made their way into a situation without satisfying every legal technicality (such as entering a home without a warrant), then they were not necessarily allowed to use deadly force to defend themselves even if another party threatened them with deadly force.
In the case in question, police had indeed entered a home without a warrant and encountered a person wielding a BB gun that looked like a real gun. That prompted police to shoot, but not kill, in self-defense, and initially a court ruled that the officers had no right to use force because they shouldn't have been in the house in the first place.
But that goes against all jurisprudence on this issue, so much so that even the way-out liberal 9th Circuit found in favor of the cops, and so much so that when it got to the Supreme Court, even the liberal Justices joined in making the ruling unanimous:
In a unanimous decision written by Justice Samuel Alito, the Supreme Court rejected the provocation doctrine as “incompatible with our excessive force jurisprudence,” including the Graham case, which for decades has set a high bar for holding law officers civilly liable in court. The provocation rule’s “fundamental flaw is that it uses another constitutional violation to manufacture an excessive force claim where one would not otherwise exist,” wrote Alito. He added that the rule “permits excessive force claims that cannot succeed on their own terms.” Alito disputed the lower courts’ conclusion that the deputies’ failure to obtain a warrant and their later intrusion into the Mendezes’ home without announcing themselves “in some sense set the table” for the confrontation that almost killed them. (Angel Mendez’s right leg was amputated below the knee as a result of the incident.) “That is wrong,” Alito wrote in the 11-page decision, which was joined by every member of the court except Neil Gorsuch, who didn’t participate in the case because he wasn’t yet a justice when his colleagues heard it in March. “The framework for analyzing excessive force claims is set out in Graham. If there is no excessive force claim under Graham, there is no excessive force claim at all.”
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