Link: Man in Texas shoots intruders, now faces death penalty

TIDE-HSV

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That's what I was wondering.
The police are walking a tight rope. If they shout out immediately that it's police, then, if it's a real drug raid, a lot of stuff is already down the john. OTOH, if they did as these guys did, they may get shot in mistaken identity. How do you tell the difference between a warranted raid and a home invasion?
 

BamaJama17

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The police are walking a tight rope. If they shout out immediately that it's police, then, if it's a real drug raid, a lot of stuff is already down the john. OTOH, if they did as these guys did, they may get shot in mistaken identity. How do you tell the difference between a warranted raid and a home invasion?
On top of that Texas does have a stand your ground law. This is a messed up situation all around.
 

twofbyc

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The police are walking a tight rope. If they shout out immediately that it's police, then, if it's a real drug raid, a lot of stuff is already down the john. OTOH, if they did as these guys did, they may get shot in mistaken identity. How do you tell the difference between a warranted raid and a home invasion?
Well, to an extent, I agree; but if they shout out "police" and immediately kick in the door, unless you are standing over the toilet you won't get a chance to flush much. I didn't read the article yet, but if they said nothing but just busted in they deserved to die. There is a reason why, in most times and almost all situations like this, police are required to identify themselves - unless they are kicking in Dionne Warwick's door.
 

STONECOLDSABAN

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Well, to an extent, I agree; but if they shout out "police" and immediately kick in the door, unless you are standing over the toilet you won't get a chance to flush much. I didn't read the article yet, but if they said nothing but just busted in they deserved to die. There is a reason why, in most times and almost all situations like this, police are required to identify themselves - unless they are kicking in Dionne Warwick's door.
Nobody deserved to die.
 

TIDE-HSV

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On top of that Texas does have a stand your ground law. This is a messed up situation all around.
Actually, it doesn't have anything to do with SYG at all. It has to do with what's been called in recent years the "Castle Doctrine." I'm not sure where that comes from. For literally centuries, the normal doctrine has been that, once in your home (or even the surrounds), you're deemed to have retreated as far you can from threats and you're entitled to use lethal force, if necessary. That is this fact situation in TX. The only possible way to get it outside "Castle" is if the officers identified themselves in time to prevent the homeowner from having to shoot. The "SYG" doctrine is to expand the duty NOT to retreat, even outside your home. The old law required you to retreat as far as possible before applying lethal force. This doctrine is very much still being formed and we lawyers parse each and every case which comes out, in order to ascertain what it means...
 

BamaJama17

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Actually, it doesn't have anything to do with SYG at all. It has to do with what's been called in recent years the "Castle Doctrine." I'm not sure where that comes from. For literally centuries, the normal doctrine has been that, once in your home (or even the surrounds), you're deemed to have retreated as far you can from threats and you're entitled to use lethal force, if necessary. That is this fact situation in TX. The only possible way to get it outside "Castle" is if the officers identified themselves in time to prevent the homeowner from having to shoot. The "SYG" doctrine is to expand the duty NOT to retreat, even outside your home. The old law required you to retreat as far as possible before applying lethal force. This doctrine is very much still being formed and we lawyers parse each and every case which comes out, in order to ascertain what it means...
Yup and trying to retreat from your assailant can get you killed from behind.
 

gmart74

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no knock raids should be eliminated except for use against the most dangerous assailants. too many people getting killed bc of bad info, wrong addresses, or low level piddly charges.

this war on drugs has done more to destroy america than anything else i can imagine.

the thing is, if im on the jury, i find him not guilty. not bc i think the police deserved to be shot, but simply bc i think any reasonable person would fire upon unknown strangers entering his home as well.
 

crimsonaudio

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No-knock warrants are simply an extension of the over-use of force by the police nowadays.

If the police don't clearly identify themselves immediately, they deserve no special treatment.

I couldn't care less if some drugs go down the commode - these no-knock raids are out of control. If it happened at my home I'd likely be dead or charged with a crime, as I'm shooting anyone who comes in my house uninvited.
 

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