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Notes -
It should be noted that SCOTUS didn't rule directly on officer-created jeopardy, just said that the "moment of threat" doctrine is wrong and totality of the circumstances is correct and sent the case back to the lower court for them to make the ruling with the proper standard. Does anyone know if the ruling has come out yet or if there are rulings for other cases with officer-created jeopardy made under the totality of the circumstances?
The Fifth Circuit reaffirmed, without any new argument, the summary dismissal on remand. Apparently they've been learning from the way the First, Second and Ninth circuits managed SCOTUS on gun cases. I imagine it will eventually go back to to the Supreme Court and (because this isn't a gun case) the Supreme Court will tell them that no, you do have to actually consider what we told you.
Officer-created jeopardy, on the other hand, is an untenable doctrine on its face... a similar thing doesn't even exist for civilians, and part of the job of police officers is sometimes to put themselves in jeopardy. Affirming that doctrine is basically making heroes of the Uvalde cops.
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