Of course, if the police had not violated the Constitution to begin with in this case, the police would not have had the opportunity to use any sort of force at all. The indisputable fact is that Angel Mendez would still have the use of his right leg if the detectives had not disobeyed the Fourth Amendment, illegally entered his home, and shot him.......To Read More....
My Take - As a general rule I support police actions because most of the people they deal with are criminals....really.....no matter what letists say......they really are! And I have little respect for anything that comes out of the 9th Circuit as they've created laws through their decisions instead of ruling on existing law. However - this is something I find disturbing.
On the surface I don't like the "provocation doctrine", but I also think there's a reason why this became a standard - police were exceding the authority given to them by society.
- Why did they enter this house in the first place?
- Why didn't they get a warrent as they must know is required?
- Why was Mendez really holding a BB gun? The rat story seems a bit .....well..... strange.
- Why did the police have to shoot multiple times?
- Why did they have to shoot both of them since the woman apparently didn't have anything resembling a weapon?
- What's the back story on all of this?