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17-Dec-2017 16:17

That may be true, but they also probably wouldn’t have stopped or solved a crime.And in the heat of the moment, once the door was open, a suspect with a gun in his hand tends to overrule whatever pieces of paper the cop may have in his or hers.

There has been a bit of precedent in our court system dating back to 2002 and springing from (where else?

"I'm on I-40 going west at Exit 334, and I just passed a wreck, and the guy looks like he was either thrown from the vehicle," one woman told a 911 dispatcher.

"I think I saw that vehicle going past me going probably 120 mph a ways back." Authorities responding to a report of a single-vehicle crash on westbound I-40 north of Newton Grove found Medlin, 50, of Raleigh, armed with a gun lying on the highway.

) the 9th circuit which came to be known as the provocation doctrine.

Resulting from a 2002 lethal force case, the short version of the story is that the court ruled that an otherwise justified use of force by the police may still be deemed unlawful if they “provoked” the incident by acting in an illegal manner prior to the encounter with the suspect(s).

There has been a bit of precedent in our court system dating back to 2002 and springing from (where else?

"I'm on I-40 going west at Exit 334, and I just passed a wreck, and the guy looks like he was either thrown from the vehicle," one woman told a 911 dispatcher.

"I think I saw that vehicle going past me going probably 120 mph a ways back." Authorities responding to a report of a single-vehicle crash on westbound I-40 north of Newton Grove found Medlin, 50, of Raleigh, armed with a gun lying on the highway.

) the 9th circuit which came to be known as the provocation doctrine.

Resulting from a 2002 lethal force case, the short version of the story is that the court ruled that an otherwise justified use of force by the police may still be deemed unlawful if they “provoked” the incident by acting in an illegal manner prior to the encounter with the suspect(s).

“The rule’s fundamental flaw is that it uses another constitutional violation to manufacture an excessive force claim where one would not otherwise exist.” According to Alito, “there is no need to dress up every Fourth Amendment claim as an excessive force claim.” The entire provocation doctrine argument has struck me as smelling suspiciously like the Fruit of the Poisonous Tree Doctrine, which I’ve railed against here repeatedly.