Page 20 - June 2017 Newsletter

Supreme Court overturns California “provocation rule” decision
A federal appeals court’s ruling was reversed last month, to the relief of law enforcement throughout the country. The U.S. Su- preme Court has overturned a “prov- ocation rule” developed by the San Francisco-based 9th U.S. Circuit Court
Pederson began searching the backyard, which contained a shack that was occupied by Angel Mendez and his wife. The officers were aware that Mendez and his wife lived in the shack in the rear of the property. Insidetheshack,Mendezandhiswifeweresleep- ing. The officers did not have a warrant to search the shack, nor did they knock and announce their
presence.
of Appeals that gave victims of police shootings an additional route to sue for alleged excessive force.
FOP
Legal Rep t
DANIEL HERBERT
Justice Samuel Anthony Alito Jr. wrote the opinion for a unanimous court; Justice Neil M. Gorsuch did not participate in the case. The rule had held that police who use force not deemed excessive may be lia- ble nonetheless because they provoked the victims to respond in a way that makes officers reasonably fear for their safety. Under the rule, the provocation had to be a separate Fourth Amendment violation.
In October 2010, Los Angeles police officers Christo- pher Conley and Jennifer Pederson received a call to as- sist in searching for a parolee, Ronnie O’Dell, who was believed to be armed and dangerous. The search led the two officers to the home of Paula Hughes, where O’Dell was last seen.
As others searched the main house, Officers Conley and
When the officers opened the door to the shack, Mendez rose from the bed and was holding a BB gun, which he states he used for rodent control. Officer Conley yelled “gun,” and he and Officer Pederson opened fire, a total of 15 rounds. Mendez and his wife were shot multiple times, suffering severe injuries, and O’Dell was not found on the property.
Following this incident, Mendez and his wife filed a lawsuit against the police department and Officers Con- ley and Pederson. The lawsuit alleged excessive force and violations of the fourth Amendment for an unreasonable warrantless search. The lawsuit was filed in Federal Dis- trict Court, and the trial resulted in a verdict in favor of Mendez and his wife. The 9th Circuit Court of Appeals then heard the case and found that the officers were lia- ble for the warrantless entry into the Mendez home and
20 CHICAGO LODGE 7 ■ JUNE 2017