California, United States of America
The following excerpt is from People v. Gutierrez, E068881 (Cal. App. 2019):
(1983) 462 U.S. 213, 232; United States v. Sokolow (1989) 490 U.S. 1, 7-8.) Finally, the court has warned lower courts to avoid the "unrealistic second-guessing" of police officers acting "in a swiftly developing situation. . . . [Citation.] A creative judge engaged in post hoc evaluation of police conduct can almost always imagine some alternative means by which the objectives of the police might have been accomplished. . . . [Citations.] The question is not simply whether some other alternative was available, but whether the police acted unreasonably in failing to recognize or pursue it." (United States v. Sharpe (1985) 470 U.S. 675, 686-687, italics omitted.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.