The premise of the 9th Circuit‘s ‘provocation theory‘

The United States Supreme Court has agreed to hear a 9th Circuit case involving two Los Angeles County Sheriff's deputies who shot and wounded a man who pointed a gun — later found to be a BB gun — at them. The premise of the 9th Circuit decision is a "provocation" theory — followed by no other federal courts — that essentially undermines the objectively reasonable set forth by Graham v. Connor. In this podcast segment, Jim and Doug discuss the case and the ramifications it may have on law enforcement.