Double Negatives

2688.954 - 2710.109 Oren Kerr

You should reject the moment of the threat doctrine. As Justice Gorsuch pointed out at the arguments, no one seemed to want to endorse that approach. And then the question is, what do you say beyond that? Do you say just we send it back totally the circumstances or do you start giving some guidance as to timing and how to think about this and how to think about officer sort of created threats?