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· 12/31/1946

Porter v. Leventhal

Citations

  • 160 F.2d 52
  • 1946 U.S. App. LEXIS 3106

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the Fourth Amendment “‘does not require omniscience’” and that police 19 officers “‘need not be absolutely sure . . . of the nature of the threat or the suspect’s intent to cause them harm’” before using force
  • finding the uncertainty as to the speed and position at which the suspect was lowering his hands as immaterial to the officer’s imminent fear for his safety and the safety of others
  • finding the officer’s use of force was reasonable given that, from the officer’s perspective, the suspect was failing to obey his commands and reached for a bulge in his clothing, thus justifying the officer’s fear for his safety even though suspect turned out to be unarmed

Source: CourtListener parenthetical corpus (CC0).

Judges: Frank

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.