Killeen TX: Multiple officers shot serving no knock warrant

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WildBill
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Re: Killeen TX: Multiple officers shot serving no knock warr

#76

Post by WildBill »

puma guy wrote:This episode is not exactly the same, down the slippery slope we go.
http://freedomoutpost.com/2014/05/fed-c ... r-charges/
This case involves guns, but the principle will be applied to just about any circumstance law enforcement deems "necessary" I fear.
“The intrusions upon Sutterfield’s privacy were profound,” Judge Ilana Rovner wrote for three-judge panel.

“At the core of the privacy protected by the Fourth Amendment is the right to be let alone in one’s home.”

But the court also found, that on the other hand, “There is no suggestion that (police) acted for any reason other than to protect Sutterfield from harm.”

“Even if the officers did exceed constitutional boundaries,” the court document states, “they are protected by qualified immunity.”

Read more at http://freedomoutpost.com/2014/05/fed-c ... RT77Md8.99" onclick="window.open(this.href);return false;
I find it interesting that the decision was that what the police did was okay because they acted only "to protect Sutterfield from harm". On the other hand Warren v. District of Columbia (444 A.2d. 1, D.C. Ct. of Ap. 1981) is an oft-quoted District of Columbia Court of Appeals case that held that the police did not owe a specific duty to provide police services to the plaintiffs. :headscratch
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MaxBerlin
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Re: Killeen TX: Multiple officers shot serving no knock warr

#77

Post by MaxBerlin »

EEllis wrote:
jmra wrote:
EEllis wrote:I think no knock warrants are way over used and I might add are woefully over approved by judges.

In this case I'm not sure I see a reason to believe that the shooting was caused by the no knock service. Unless the guy claims he didn't know they were cops, which since he started shooting whole they were still outside I doubt, there is every reason to believe that he would of started shooting if they just knocked on the door.
I would be very tempted to start shooting if I looked out my window and saw several guys running around on my porch in dark clothes with guns. The last thing I'm going to do is stick my head out and ask who they are.
But if you were a criminal would you believe the guys in full tac gear, including helmets, are police or some random home invaders? I wont argue that such things can lead to misidentification, but there has been no information that should lead anyone to draw that conclusion in this case. That also fails to address that the police may of asked for a no knock warrant because they had some belief that the suspect would shoot if given time to respond. It could be the guy will say he didn't know it was the cops but right now? Who knows.
Isn't it a common tactic of rival drug gangs to dress up as swat and raid a competitor ?
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baldeagle
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Re: Killeen TX: Multiple officers shot serving no knock warr

#78

Post by baldeagle »

Mr. Guy is being charged with one count of capital murder and three counts of attempted capital murder. The DA is going for the death penalty. http://reason.com/blog/2014/09/17/texas ... -killed-ho" onclick="window.open(this.href);return false;
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