DI
Dan Izzo
@izzos.us
Lawyer
Skeets are not legal advice, All opinions are my own
911 followers398 following6.7k posts
The issue is there's two tests "moment of the threat" and "totality of the circumstances" used in different Circuits. Moment of the threat ignores everything except what occurred at the moment the officer used force.
So even if an officer was hyper belligerent and escalated the situation that test doesn't care.
DI
Dan Izzo
@izzos.us
Lawyer
Skeets are not legal advice, All opinions are my own
911 followers398 following6.7k posts