White v. Pauly
U.S. Supreme Court · decided January 9, 2017 · Supreme Court Database (Spaeth)
- Decided
- January 9, 2017
- Term
- October Term 2016
- Vote
- 8–0
- Issue area
- Criminal Procedure
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
PER CURIAM. This case addresses the situation of an officer who-having arrived late at an ongoing police action and having witnessed shots being fired by one of several individuals in a house surrounded by other officers-shoots and kills an armed occupant of the house without first giving a warning. According to the District Court and the Court of Appeals, the record, when viewed in the light most favorable to respondents, shows the following. Respondent Daniel Pauly was involved in a road-rage incident on a highway near Santa Fe, New Mexico. 814 F.3d 1060, 1064-1065 (C.A.10 2016). It was in the evening, and it was raining. The two women involved called 911 to report Daniel as a " 'drunk driver' " who was " 'swerving all crazy.' " Id., at 1065. The women then followed Daniel down the highway, close behind him and with their bright lights on. Daniel, feeling threatened, pulled his truck over at an off-ramp to confront them. After a brief, nonviolent encounter, Daniel drove a short distance to a secluded house where he lived with his brother, Samuel Pauly. Sometime between 9 p.m. and 10 p.m., Officer Kevin Truesdale was dispatched to respond to the women's 911 call. Truesdale, arriving after Daniel had already left the scene, interviewed the two women at the off-ramp. The women told Truesdale that Daniel had been driving recklessly and gave his license plate number to…
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