Page:Tenorio v Pitzer 10th Circuit.pdf/5

 quotation marks omitted). Without asking if there was a hostage or settling on a tactical plan, the officers lined up outside the front door to the residence. Pitzer was in the front with his handgun drawn. Moore was behind him, carrying a Taser, and Liccione was third, with his handgun drawn. Hernandez was behind the other officers, carrying a shotgun loaded with beanbag rounds, but was temporarily occupied in preventing Ms. Valdez from reentering the residence.

The front door was open. The living room's dimensions were about 14 feet by 16 feet, with the front door on one of the shorter walls. A lamp was on in the room. From his position outside the front door, Pitzer could see two doorways on the opposite wall. The one to his right, which led to the kitchen, was directly across from the front door. Part of the kitchen was obscured by the living-room wall. The officers did not hear raised voices or other sounds suggesting a disturbance. Without announcing his presence, Pitzer entered the living room, followed by Moore and Liccione. Mrs. Tenorio moved into the area of the kitchen visible through the right doorway. Pitzer first said, “Ma’am,” and then, "Please step out here. Let me see your hands, okay?" Id. at 206 (internal quotation marks omitted). At least one of the other officers understood “Please step out here” to be addressed to everyone in the kitchen.

As Mrs. Tenorio moved out of the kitchen, she said, "Russell, put that down." Id. She walked into the living room with her hands up and palms facing the officers. She was followed by Tenorio, who had a blank stare and was carrying a santoku-style kitchen knife with a three-and-a-quarter-inch blade. He was holding the knife loosely 5