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Murder or Self-Defense if Officer Is Killed in Raid?
The New York Times ^ | 18 March 2017 | Kevin Sack

Posted on 03/18/2017 5:10:20 PM PDT by Theoria

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To: Theoria
i see they learned NOTHING from Waco... pick him up on the street and this would never of happened, but they gotta play tough guy, feh
21 posted on 03/18/2017 5:46:57 PM PDT by Chode (My job is not to represent the world. My job is to represent the United States of America-#45 DJT)
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To: Greetings_Puny_Humans

Correct.

If the law is acting lawfully ,its murder.

If the law is acting unlawfully, its self defense.

Problem for us is in situations like this unlawful actions wind up with dead innocent citizens. Or a dead cop and you are facing a murder charge until you can prove and have a judge agree it was unlawful ad uphold the law.

Scrotus really screwed citizens by saying cops can do illegal things if they believe they were legal. Could really hang regular citizens out to dry if it ever gets applied to self defese against unlawful armed assault by leos against innocent citizens wrongly targeted.


22 posted on 03/18/2017 5:47:06 PM PDT by Secret Agent Man ( Gone Galt; Not averse to Going Bronson.)
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To: Theoria

John Bad Elk shot and killed a police officer trying to arrest him without a warrant.

Held, its not murder.

John Bad Elk v. United States
177 U.S. 529 (1900)

https://supreme.justia.com/cases/federal/us/177/529/case.html


23 posted on 03/18/2017 5:48:07 PM PDT by Mechanicos
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To: Theoria

I wish MSM churnalists could relate the essential facts concisely and not pretend to be Tolstoy. I lost interest in these tales long before getting through the article.


24 posted on 03/18/2017 5:50:51 PM PDT by Enchante (Libtards are enemies of true civilization!)
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To: Greetings_Puny_Humans

“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.”
==
If someone’s waiting for the cops to show up, the cops are gonna get picked off long before they get to the yard, much less the door. As someone already commented, LE break-ins should be used only when there there is an imminent threat to life or in a hostage situation.


25 posted on 03/18/2017 5:54:04 PM PDT by LouieFisk
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To: Mechanicos

I’ve got a vague recollection of another similar case, a century-or-so later, with the same verdict.


26 posted on 03/18/2017 5:54:11 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Enchante

“I wish MSM churnalists could relate the essential facts concisely and not pretend to be Tolstoy. I lost interest in these tales long before getting through the article.”
==
The days are long gone when the “5 W’s” - who,what,when where, why - were the meat of a news story. Now it’s all opinion and/or Nobel Lit wannabee’s showing off.


27 posted on 03/18/2017 5:57:49 PM PDT by LouieFisk
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To: Secret Agent Man

And if you refuse to get healthcare because you are required to have it, the law comes after you, and you resist they’ll kill you for it.

According to Lysander Spooner to paraphrase him, “Law is force” up and until the point of them killing you. Every law on the books is another excuse for them to kill you.

No healthcare, we kill you.
No vehicle insurance, we kill you.
No drivers license, we kill you.
No business license, we kill you.

No one stops to think and ask the question, “Is it worth the government to kill people who are not doing x or doing x?”


28 posted on 03/18/2017 6:03:35 PM PDT by Jack Hydrazine (Pubbies = national collectivists; Dems = international collectivists; We need a second party!)
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To: Theoria

From the 2 cases in the article, it would appear the answer, as with most things related to the justice system, depends on how good of a lawyer you can afford.


29 posted on 03/18/2017 6:04:26 PM PDT by Wolfie
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To: Theoria

Do unconstitutional things under color of law and bad things can happen to you.


30 posted on 03/18/2017 6:04:54 PM PDT by E. Pluribus Unum (President Trump is coming, and the rule of law is coming with him.)
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To: Greetings_Puny_Humans
You have no legal right to resist the lawful actions of law enforcement.

If they failed to identify themselves as law enforcement in a timely manner their actions were not lawful.

31 posted on 03/18/2017 6:07:04 PM PDT by E. Pluribus Unum (President Trump is coming, and the rule of law is coming with him.)
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To: Theoria

I see no reason for raids that put the police officers, the suspects, and anyone else in the house over drugs. They used to do surveillance and catch them when they are out of the house. And that first guy had a few plants, according to another felon looking for a break, bad decision, too bad for the officer.


32 posted on 03/18/2017 6:09:50 PM PDT by Rusty0604
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To: Theoria; All

I recall the McGee case

http://gunwatch.blogspot.com/2014/02/tx-man-who-killed-deputy-was-justified.html

The Adrian Perryman case is similar, but no deaths:

http://gunwatch.blogspot.com/2014/07/tx-man-who-shot-at-cops-during-no-knock.html

Here is details on the Marvin Guy case:

http://thefreethoughtproject.com/leaked-documents-marvin-guy-killed-cop/

Here is another case where a Texas man shot three police officers in a no knock raid:

http://gunwatch.blogspot.com/2016/12/corpus-christie-man-shoots-three-swat.html


33 posted on 03/18/2017 6:18:18 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: Greetings_Puny_Humans

“You have no legal right to resist the lawful actions of law enforcement.”

That’s what the British Crown thought back in 1775. The patriots showed the Tories that they thought wrongly.


34 posted on 03/18/2017 6:22:06 PM PDT by sergeantdave (Cats are like potato chips - you can't have just one.)
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To: Chode

“I see they learned NOTHING from Waco...”

No kidding. These no knock warrants frequently do not end well.


35 posted on 03/18/2017 6:33:32 PM PDT by Carthego delenda est
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To: SkyDancer
Murder or self defense?

If a LEO or two is taken out self defense becomes largely a moot point - the likelihood is that you're looking at some hard time. And that all hinges on whether or not you survive the arrest.

36 posted on 03/18/2017 6:45:57 PM PDT by rockrr (Everything is different now...)
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To: Theoria

It is self-evident that those on the receiving end of premeditated violence cannot be seriously considered to be at fault for any outcome.


37 posted on 03/18/2017 6:54:03 PM PDT by thoughtomator (Purple: the color of sedition)
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To: Theoria
Here's a tip many of you are aware of, however, it bears repeating. < p> If you use your firearm for self-defense inside your home, call 911 and tell them you are a victim of a crime. Tell them you need police and medical. Give them your address. Then hang up. Do not tell them you just killed someone. Do not discuss what happened. All aspects of your phone call is recorded and will be used as evidence. When the police arrive, tell them your gun is located over there, and you are exercising your right to remain silent and are waiting for your attorney to arrive before you make any statements. Do not touch the crime scene or alter any evidence. If the police persistent asking you questions, exercise your right to remain silent. If they ask you to move to their facility prior to your lawyers arrival, comply with their instructions. Repeat, DO NOT not talk to the police about anything until your lawyer is present.
38 posted on 03/18/2017 7:04:44 PM PDT by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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To: Carthego delenda est
over a 1/4 lb of pot no less
39 posted on 03/18/2017 7:27:26 PM PDT by Chode (My job is not to represent the world. My job is to represent the United States of America-#45 DJT)
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To: PapaBear3625

Papa, you be right!


40 posted on 03/18/2017 7:29:22 PM PDT by BatGuano (You don't think I'd go into combat with loose change in my pocket, do ya?)
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