TCR-013: Pre-Incident Conduct
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In this episode of The Conditions Report, Don opens Season Two by examining one of the most consequential shifts happening quietly in modern policing. Not in the moment force is used, but in everything that happens before it.
This episode centers on Barnes v. Felix, but it is not a narrow case breakdown. It is a discussion about how police encounters are evaluated after the fact, how timelines are reconstructed, and how decisions made minutes, hours, or even days earlier are increasingly becoming central to legal, civil, and administrative scrutiny.
Don explains what the Supreme Court actually decided in Barnes v. Felix, cutting through the shorthand interpretations that spread quickly online. The Court did not rewrite use-of-force law, and it did not abandon the realities officers face in rapidly evolving situations. What it did was correct a constitutional error. Courts may no longer freeze the Fourth Amendment analysis at a single instant in time and ignore everything that came before it. The totality of the circumstances has no temporal cutoff.
The episode explores why that matters far beyond deadly force cases. Patrol decisions, investigative choices, supervision, and administrative practices all exist upstream of the moment an encounter compresses into seconds. Don walks through how earlier decisions that felt routine at the time can later become the focal point of legal analysis, especially when courts examine whether urgency was created, assessed, or avoidable.
Season Two reflects the same expectation placed on professionals in the field. Continuous assessment, refinement, and honest evaluation of the environment as it changes. Don explains that the show is evolving not because the mission has changed, but because the conditions have.
This episode also introduces a new recurring segment, the Leadership Navigational Aid, or LNA. These are short maxims for those who lead, formally or informally. Reference points meant to help leaders maintain perspective, humility, and foresight in an environment where responsibility is often evaluated long after decisions are made.
Drawing from historical context and modern case law, Don connects Barnes v. Felix with Graham v. Connor and explains how courts are increasingly unwilling to view police encounters as isolated moments. Preparation, training, threat assessment, and leadership decisions made upstream are no longer background details. They are becoming part of the core analysis.
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