Police Use of Force: The Provocation Rule

Supreme Podcast show

Summary: On this episode we review the Court's recent grant of review to the case of Los Angeles County v. Mendez, which considers the merits of the Ninth Circuit's application of its "Provocation Rule" and whether that rule conflicts with Supreme Court precedent. Under the “provocation” rule, an officer may be held responsible for an otherwise reasonable use of force where the officer intentionally or recklessly provoked a violent confrontation, and the provocation was itself an independent Fourth Amendment violation.