US Supreme Court Sides With Police Breaking Into Home, Shooting Couple
By Shelley Connor for WSWS. The Supreme Court of the United States ruled unanimously on Tuesday in favor of the police in a case involving Constitutional issues relating to an illegal search and entry in violation of the Fourth Amendment which resulted in a man and his pregnant wife being shot 15 times.
The 8-0 decision in County of Los Angeles vs. Mendez overturns a Ninth Circuit Court decision that found in favor of Angel Mendez and vacated an award of $4 million granted by the Ninth Circuit. In the Mendez decision, Justice Samuel Alito called the provocation rule “a novel and unsupported path to liability in cases in which the use of force was reasonable.”
The court vacated the damages awarded by the court, sending the case back to the Ninth Circuit with instructions to reconsider whether the Mendezes can be awarded damages strictly on the merits of the warrantless entry; the court will not be allowed to consider the issues of police provocation or excessive force.