"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not." ~~Thomas Jefferson

"Who will protect us from those who protect us?"

Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. ~ Thomas Jefferson

"None are so hopelessly enslaved as those who falsely believe they are free." ~~Goethe

01 June 2017

Who will protect us from those who protect us...?

This is a big deal...  (From: Reason.com)


"In 2002 the U.S. Court of Appeals for the 9th Circuit said that the lawful use of deadly force by the police may be ruled unlawful if the police themselves "created the need to use force" by acting in an illegal manner. "Where an officer intentionally or recklessly provokes a violent confrontation, if the provocation is an independent Fourth Amendment violation," the 9th Circuit held in Billington v. Smith, the officer "may be held liable for his otherwise defensive use of deadly force." Otherwise known as the "provocation doctrine," this legal standard has served as an important check on overreaching law enforcement tactics. Today, by a vote of 8-0, the U.S. Supreme Court rejected the 9th Circuit's reasoning and wiped the provocation doctrine off the books.

At issue today in County of Los Angeles v. Mendez was a 2010 incident in which two deputies from the L.A. County Sheriff's Department entered the residence of Angel Mendez and Jennifer Garcia without a search warrant, spotted Mendez holding a BB gun (which he kept on hand to fend off rats), and shot both Mendez and Garcia multiple times in ostensible self-defense. Mendez's right leg was later amputated below the knee as a result of his injuries. Garcia was shot in the back.

Mendez and Garcia sued, charging the police with illegal search, illegal seizure, and illegal use of force under the Fourth Amendment. In March 2016, Mendez and Garcia prevailed at the 9th Circuit, which rejected the officers' pleas for qualified immunity and instead held that the two detectives were "liable for the shooting as a foreseeable consequence of their unconstitutional entry even though the shooting itself was not unconstitutionally excessive force under the Fourth Amendment." In other words, Mendez and Garcia prevailed under the provocation doctrine."

Read the entire (short) article here.

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What do you think about that? 

2 comments:

Wraith said...

Wow. The Ninth Circus finally did something right?

Daddy Hawk said...

Seems like a good ruling to me. There are similar rulings in CCW cases where you lose the defense of self defense if you start the altercation. Law enforcement should be held to the same standard.