Petition of the day
The petition of the day is:
Issue(s): (1) Whether the Ninth Circuit correctly held – in conflict with the decisions of this Court and other circuits – that the Fourth Amendment imposes a mechanistic rule that police officers are forbidden from drawing their firearm during a Terry stop absent certain, predetermined "special circumstances;" and (2) whether the Ninth Circuit correctly held – in conflict with the decisions of the Supreme Court – that the Fourth Amendment rule at issue was “clearly established,” such that it would have been clear to every reasonable officer in the situation that Officer Chin faced that his conduct was unlawful.
Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (May. 31, 2013, 11:50 PM), http://www.scotusblog.com/2013/05/petition-of-the-day-462/