Posted on 03/18/2017 5:10:20 PM PDT by Theoria
With battering rams and flash-bang grenades, SWAT teams fuel the risk of violence as they forcibly enter suspects homes. Five months and 85 miles apart, two cases took starkly divergent legal paths.
Joshua Aaron Hall had been a resident of the Burleson County Jail for about a week when he requested a meeting with Gene Hermes, the sheriffs investigator who had locked him up for violating probation. The stocky lawman arrived in the featureless interview room on the morning of Dec. 13, 2013, placed his soda cup on the table and apologized for not getting there sooner. He asked in his gravelly drawl if they would be talking about Mr. Halls own case.
No, said Mr. Hall, a methamphetamine user and petty criminal who was facing his most serious jail time. I want to give you something else.
Mr. Hall reminded the investigator that they had spoken previously about the narcotics trade in the vast flatlands of central Texas. Gene, you said you wanted to eradicate the problem, Mr. Hall said. And Ive been thinking for the past couple of days that, you know, maybe Im put in this position to help you do this.
(Excerpt) Read more at nytimes.com ...
“The stocky lawman arrived in the featureless interview room on the morning of Dec. 13, 2013, placed his soda cup on the table and apologized for not getting there sooner. He asked in his gravelly drawl if they would be talking about Mr. Halls own case.”
Am I reading a newspaper or a freaking Nancy Drew novel?
self defense obviously
I am REALLY wondering what flavor soda was in that cup and was it a plastic cup or real glass.
It’s only self-defense if the self-defense is lawful. You have no legal right to resist the lawful actions of law enforcement.
If you have reason to believe its a policeman conducting a legal raid, then its murder. Or, if you are a fugitive and you know you’re a fugitive, then again its murder.
If you have no way of knowing its a policeman, then it would be self defense. If you have no way of knowing you are a supposed fugitive, and its a no-knock raid in the middle of the night, its self-defense.
Now a red solo cup is the best receptacle
For barbecues, tailgates, fairs and festivals
And you, sir, do not have a pair of ***
If you prefer drinking from glass
A red solo cup is cheap and disposable
And in 14 years they are decomposable
And unlike my home, they are not foreclosable
Freddie-Mac can kiss my bum. Woo!
Red solo cup, I fill you up
Let’s have a party, let’s have a party
I love you red solo cup,
I lift you up
Proceed to party, proceed to party
Now I really love how you’re easy to stack
But I really hate how you’re easy to crack
Cuz when drink runs down in front of my pack
Well that my friends is quite yucky
But I have to admit the ladies get smitten
Admiring how sharply my first name is written
On you with a sharpie when I get to hittin’ on them
to help me get lucky
Red solo cup,
I fill you up
Let’s have a party, let’s have a party
I love you red solo cup, I lift you up
Proceed to party, proceed to party
Now I’ve seen you in blue and I’ve seen you in yellow
But only you, red, will do for this fellow
Cuz you are the Abbot to my Costello
And you are the fruit to my loom
Red solo cup, you’re more than just plastic
You’re more than amazing you’re more than fantastic
And believe me that I’m not the least bit sarcastic when i look at you and say:
“Red solo cup, you’re not just a cup. (No, no, God no!)
You’re my, you’re my (friend?) friend. (life long!)
Thank you for being my friend.”
Red solo cup, I fill you up
Let’s have a party, let’s have a party
I love you red solo cup, I lift you up
Proceed to party, proceed to party
Red solo cup, I fill you up
Let’s have a party, let’s have a party
I love you red solo cup, I lift you up
Proceed to party, proceed to party
Red solo cup, I fill you up
Let’s have a party, let’s have a partyI
love you red solo cup, I lift you up
Let’s have a party, proceed to party
Red solo cup! Solo cup!
Lol
No-knock raids should be restricted to things like kidnappings and hostage situations, where innocent life is in immanent danger.
Cops should NOT be kicking in doors just because they can, and if somebody shoots in the reasonable expectation that he’s acting in self defense, the burden of proof should be on the cops to prove that the shooter knew it was a legitimate police raid.
There’s a problem in journalism where they want to write the next great American novel in a news story.
Nancy Drew novels are much better written.
Breaking into the “wrong” home gets you killed in legitimate self-defense. Be more careful next time.
“Its only self-defense if the self-defense is lawful. You have no legal right to resist the lawful actions of law enforcement”
==
To my thinkin’ it’s the guy who’s kickin your door in at some odd hour is the one that should be worried. As the wise man sez, “play stupid games”....
...Its only self-defense if the self-defense is lawful. You have no legal right to resist the lawful actions of law enforcement....
However, in the world of reality, this is is a question of fact for the jury to decide. There are no absolutes in a case like this. The Jury will be asked to put thethemselves in the shoes of the man who killed the cop, and under the circumstances as perceived at the time, would a reasonable person have fired at those breaking in.
There are no easy answers.
It’s lawful self defense if your actions are reasonable. If you don’t have reason to know you’re the subject of a police raid, it’s self-defense. But if you know a cop is coming for you, it’s murder.
My statement is accurate, though incomplete. Self-defense is "lawful" if you are reasonably in fear of an imminent threat that would cause severe or fatal injury. Cop's actions are "lawful" if they have a legal reason to be going after you and they use appropriate force in the arrest. A person can conceivably legally resist arrest if the cop is using force that is likely to cause severe injury or death, but that's obviously a very rare situation.
SWAT/LEO’s blast into your house at 3am you not knowing who or what they are, waking from a sound sleep you grab you shotgun and blow away two or three of them. Murder or self defense? PS, you know you’re innocent of anything, they came to the wrong house.
“But if you know a cop is coming for you, its murder.”
==
Telepathy, clairvoyance?
All I know is - if I break into a stranger’s house at some insane hour, I’d consider myself very lucky not to end up mighty dead for it.
Keep in mind you're not a felon with a warrant or someone who should reasonably expect to get raided by cops. Usually, these sorts of people know it's the cops the moment the door crashes down.
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