Document Type
Article
Publication Title
Northern Illinois University Law Review Supplement
Abstract
As raised in Barnes v. Felix, the moment of threat doctrine was coined by the Fifth Circuit’s majority and concurring opinions written by Judge Higginbotham as being a test that only looks to the preceding moments that led to officers’ use of deadly force. This is a mischaracterization of the officer self-defense doctrine under the “totality of the circumstances” test established by Graham v. Connor when evaluating police use of force. Unfortunately, this mischaracterization has been reinforced by SCOTUS during oral arguments and through SCOTUS’s ruling. As the Supreme Court has remanded the case back to the district courts, this will only create more confusion on how officers are supposed to act while using force when they can then be evaluated by being the proximate cause of harm. The law enforcement self-defense doctrine in deadly encounters is now in jeopardy as sufficient Fourth Amendment analysis will be chucked out because of mischaracterizing the defense that officers have as “moment of the threat doctrine.” According to Petitioners, pushing an “officer created danger” theory to blame officers for being the proximate cause when deadly force is deployed will have disastrous consequences on public safety. The State of Illinois has flirted with this theory of officer liability before, and it must be thwarted before more damage is done.
First Page
29
Last Page
54
Publication Date
5-1-2026
Department
College of Law
Department
College of Law
ISSN
0734-1490
Recommended Citation
Caleb Sook Yoon, Note, Mischaracterizing Officer Self-Defense Doctrine in Use of Force Cases Will Have Catastrophic Effects on Fourth Amendment Analysis, 16 N. Ill. Univ. L. Rev. Supp. 29 (2026).
Original Citation
Caleb Sook Yoon, Note, Mischaracterizing Officer Self-Defense Doctrine in Use of Force Cases Will Have Catastrophic Effects on Fourth Amendment Analysis, 16 N. Ill. Univ. L. Rev. Supp. 29 (2026).
