What is the "most important" factor in determining whether a suspect poses an immediate threat to the safety of the officers?
California, United States of America
The following excerpt is from People v. E.G. (In re E.G.), A152332 (Cal. App. 2019):
flight." (Id. at p. 396.) "The 'most important' factor . . . is whether the suspect posed an 'immediate threat to the safety of the officers or others.' [Citation.] '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.' [Citation.]" (Bryan v. MacPherson (9th Cir. 2010) 630 F.3d 805, 826.)
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