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if the courtd to give more cut or it could say as justice ett said in the beard opinion that when there is a momedanger it will often be -- but not always. justice gorsuch: i'm not saying it is not important, just as everything is important. it's important. you are g the scale on it. msjaby: it does not mean -- need to say anythingurther than the narrow opinion justice scalia sketched out with my friend. given the question arou reasonableness use of force in the moment, the circumstances and in the moment, the danger in the moment wl quite important. ashtn rnes: --. justice alito: it is fine to tellomne, a court or anybody else, take into account the tality of the circumstances. but that is fairly meaningless unless you also tell that person what you are examini the totality of the circumans to determine. that's really a difficult question here. are you examining the totality of the circumstances to determine whether the actt forms the fouh endment claim, that same, the allegedly unasonable use of deadlyorce is unreasonable. or, are you asking the court or the jury to determine whether