Is a statement by a police officer that he fears for his safety not enough?
MultiRegion, United States of America
The following excerpt is from Hart v. Benton Cnty. (Or) Sheriff's Office, No. 13-35080 (9th Cir. 2016):
We must also consider whether Plaintiffs posed an immediate threat to the officers. "[A] simple statement by an officer that he fears for his safety or the safety of others is not enough; there must be objective factors to justify such a concern." Deorle v. Rutherford, 272 F.3d 1272, 1281 (9th Cir. 2001).
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