San Jose police stopped decedent Jacob Dominguez, who was wanted for armed robbery, after tailing the ordered Dominguez to put his hands up. Dominguez reluctantly did, then quickly dropped his hands and Dominguez, killing him. All that occurred within 30 seconds.

1. Did the Ninth Circuit err so as to warrant identifying any precedent finding a Fourth Amendment violation based on similar facts and, indeed, overriding its own cases holding circumstances the jury found?

Whether the Ninth Circuit erred in finding a Fourth Amendment violation when police fatally shot a suspect who failed to comply with commands during a brief investigative stop