County of Los Angeles v. Mendez (16-369)
argument 16-369County of Los Angeles v. Mendez
Supreme Court of the United States
59 min
5 speakers
8 chapters
transcribed 7 days ago
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Transcript generated automatically by AI and may contain errors.
What legal issue does the County of Los Angeles v. Mendez case raise about police split‑second decisions?
We'll hear an argument first this morning in case sixteen three sixty nine, County of Los Angeles versus Mendez.
Mr. Rosencranz. Thank you, Mr. Chief Justice, and may it please the court. Your honors, when a police officer reasonably thinks to himself, as Deputy Conley did here, this is where I'm going to die. He has to be free to make the split second decision to defend himself and those around him. Any legal rule that says that that is unreasonable is untenable.
I it it it is a very moving statement and one that I totally agree with. But we're not asking the police officers to make that choice. When they feel in danger, they're going to take the step that's important to them, and I think that's absolutely right. Um the issue is who is going to suffer that loss? who's going to take the financial penalty of that loss, not the death of the death of the officer. And so the question to me is not that one. The question is when does the police officer pay the victim who is suffering for that loss if the victim had nothing to do with causing the loss. understood in whatever he or she did. to protect themselves. So let's take the situation, which I think you concede in your brief.
Um that of the police officer who in the dead of night in dressed in casual clothes. breaks a window in someone's home and walks into their home. And we've given them a Second Amendment right to victims, people who own homes, to possess firearms, to protect themselves. And the victim sees a stranger breaking in who doesn't announce themselves Doesn't have a uniform. and is standing there. uh breaking in. The victim shoots that police officer. or sh points a gun at that police officer. and the police officer takes a gun and shoots them. and injures them or kills them. Now who bears the financial loss in that situation? The homeowner Hmm. um has a right to defend him or herself and say it's my life or yours. Or the police officer.
who has taken unreasonable action. in breaking into a home in the middle of the night without announcing him or herself. That's the question for me.
Understood, Your Honor. And the answer to that question is quite likely the officer, but not because of the provocation rule, but rather because the officer has committed a clearly unconstitutional act, which is not just entering, but also failing to knock and announce clear violation of clearly established law, which then proximately causes what unfur what unfurls next.
Well let let's break that down.
Um Could recover. One is an unconstitutional violation that proximately causes an injury. Okay, that's the theory you come to. And the second is if there was an unreasonable use of force by the police officer. Um your Taking out of the equation the second way of Recovering.
Yes, Your Honor. The use of force by the police officer at that moment was reasonable, but the police officer can be held liable for violating clearly established law and in particular here failing to inform the homeowner that this is an officer entering and what proximately flows from that. The problem with the latter theory, that is the provocation theory, as an Excessive force matter is uh there are multiple problems. The first is it imposes liability under plaintiff's approach for a new breed of constitutional tort, which is creating a dangerous situation without regard to whether it's a search or a seizure, or under your uh scenario, Justice Sonomayor, even the Ninth Circuit's test, there is something very incompetent.
Congruous about holding an officer liable for a use of force that is not excessive at the moment at which it is used and therefore is reasonable and therefore in compliance with the Fourth Amendment. And this goes to the
I am sorry, go ahead. Can I ask about the first theory? Because you said um if there was a violation excuse me of the knock and announce rule. and uh a death or an injury approximately caused by that violation. Uh then there could be recovery. Is that what you said?
Uh that is what I said.
How does the hypothetical burglary scenario illustrate the homeowner’s right to self‑defense?
So let me just b uh let me just uh uh amend with one I said one additional thing.
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Chapters
8 chapters
1
What legal issue does the County of Los Angeles v. Mendez case raise about police split‑second decisions?
0:00–5:22
2
How does the hypothetical burglary scenario illustrate the homeowner’s right to self‑defense?
5:22–10:38
3
What is the court’s analysis of proximate cause versus the knock‑and‑announce rule?
10:38–21:49
4
Why does the Ninth Circuit treat a failure to obtain a warrant differently from a failure to knock and announce?
21:49–35:57
5
How does the ‘provocation rule’ affect liability for police use of force in this case?
35:57–45:00
6
What arguments are presented about superseding cause and the officer’s culpability?
45:00–54:10
7
Why do the parties argue that the unlawful entry, not the lack of a warrant, is the proximate cause of the injury?
54:10–54:19
8
What is the final request to the Supreme Court regarding the Ninth Circuit’s judgment?
54:19–59:50