Dan Epps

So I don't think we've made a lot of progress on what that means.

And the cases that we have, like...

Like this one, I don't know.

I think like I feel pretty good about the evidence the government had.

I think everybody else does.

And then Brigham City, like the police, like literally witness a fistfight and a guy like spitting out blood.

So I guess we could have some harder questions that like look more like reasonable suspicion and not like probable cause.

So I guess we'll just, I mean, it would have been helpful to get a little bit more of an articulation, but I guess we will wait and maybe 20 more years we'll see where exactly the line is.

But two interesting things to talk about.

One, briefly, there is a concurrence by Justice Sotomayor who sort of takes the view that part of the calculus should be whether

There actually is somebody who, like, might need help versus, you know, someone who's trying to do something like commit suicide by cop, in which case it might be less reasonable, I think, as I understand her point, to burst in to the house and instead, you know, police should be pursuing other kinds of, like, de-escalating options.

But here there was both reason to think it might be suicide by cop, but also, you know, some reason to think this guy might have actually already shot himself and needed medical attention.

I agree.

That's an interesting point.

And just to be clear, he had not shot himself and instead he was like hiding in the closet and then he didn't actually shoot at the officers, but he had a gun near him and maybe was poised to and was arrested for and convicted of assault of an officer.

OK, but the really interesting thing that I've already written a blog post about in record time for me, not for others, was Justice Gorsuch has a three page concurrence.

So also he's on board, you know, his opinion.

But he says, you know, first of all, he says, look, this exception, you know, yeah, it exists.

I get it.

A question lingers.