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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

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 sheriff’s 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. Hall’s 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 I’ve been thinking for the past couple of days that, you know, maybe I’m put in this position to help you do this.”

(Excerpt) Read more at nytimes.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; US: Texas
KEYWORDS: noknock; police; selfdefense; swat; texas; warrant
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To: Theoria

“The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail, its roof may shake; the wind may blow through it; the storm may enter, the rain may enter — but the King of England cannot enter; all his force dares not cross the threshold of the ruined tenement!” — William Pitt


41 posted on 03/18/2017 7:34:41 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Theoria

20% of Americans have hearing loss, and 3.5% have extreme hearing loss.

I, like most others don’t wear my aids to bed...

If I were a LEO, and I was going to break down a door in the middle of the night, I wouldn’t like those odds...


42 posted on 03/18/2017 7:46:01 PM PDT by babygene (Make America Great Again)
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To: babygene

Besides, the state is the one taking the initiative to break down the door. Why should the onus be on you to guess correctly if those yelling Police! really are or not.


43 posted on 03/18/2017 8:00:55 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking

Happened one that I know of. A guy killed 2 cops after someone lied to the cops saying the guy was involved in drug deals. Took a long time but he was exonerated. What about the cops who raid the wrong home?


44 posted on 03/18/2017 8:42:19 PM PDT by DIRTYSECRET (urope. Why do they put up with this.)
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To: marron

.......I agree with the Sheriff of Burleson County. He said we don’t use “no knock” anymore except in the most EXTREME CIRCUMSTANCES!

My 12 guage Remington 870 Magnum Tactical is loaded with 2 1/2” Magnum shells with Triple ought buck. The first guy through my door would be in ten pcs instantaneously.

No Knock is CRAZY, except in EXTREME CIRCUMSTANCES and risks police officers and civilians lives un-necessarily.


45 posted on 03/18/2017 8:47:04 PM PDT by Cen-Tejas (it's the debt bomb stupid)
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To: Greetings_Puny_Humans

Storm troopers aren’t legal. if a law abiding citizen resists and i am on the jury then it will be hung at the least.


46 posted on 03/18/2017 8:54:53 PM PDT by wgmalabama (I was for Sessions before the country knew his name.)
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To: babygene

“20% of Americans have hearing loss, and 3.5% have extreme hearing loss.”

Add a flash bang detonating in the room, the purpose of which is to disorient and confuse, and even a person with decent hearing isn’t going to hear or register ANYTHING being said after being suddenly woke up to an intruder.

Not too many years ago in Tucson, Jose Guerena, was shot 22 times after police fired over 70 rounds, and was left to bleed to death in his hallway in a case of mistaken identity no-knock raid. Jose, a Marine who did 2 tours in Iraq, was woke up after a flash bang went off. He first hid his wife and child in a closet and then positioned himself in the hallway with his AR-15. He NEVER fired a shot as the door came down and a fusillade of bullets tore into the house. According to his wife’s testimony, the police never announced who they were.

http://www.policestateusa.com/2013/jose-guerena-settlement/


47 posted on 03/18/2017 9:03:58 PM PDT by Carthego delenda est
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To: Cen-Tejas

My Mossberg has alternating buckshot, slug, buck, slug, etc.


48 posted on 03/19/2017 1:22:09 AM PDT by Don W ( When blacks riot, neighborhoods and cities burn. When whites riot, nations and continents burn.)
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To: Theoria

If a cop is killed in an unnecessary swat attack, it is suicide.


49 posted on 03/19/2017 1:22:51 AM PDT by UnwashedPeasant (I told you so)
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To: PapaBear3625
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.

Absolutely true!

50 posted on 03/19/2017 1:58:51 AM PDT by cynwoody
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To: Greetings_Puny_Humans
You have no legal right to resist the lawful actions of law enforcement.

Is it a lawful action when they raid the wrong house?

51 posted on 03/19/2017 11:10:11 AM PDT by JimRed ( TERM LIMITS, NOW! Building the Wall! TRUTH is the new HATE SPEECH.)
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To: Don W

..........I would normally not use the magnum triple ought buck in town where it could go through multiple walls and kill somebody. This load is for Alaska where each summer I go down the Yukon. You’ve heard the term “loaded for bear”, in my case my gun is. I need to go buy some lesser shot, not sure what.


52 posted on 03/19/2017 5:47:22 PM PDT by Cen-Tejas (it's the debt bomb stupid)
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To: DIRTYSECRET

Thank God for the jury system. Is hate to see that case decided by an employee of the state.


53 posted on 03/19/2017 8:01:54 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Greetings_Puny_Humans
Just because a cop “CAN” get a no-knock warrant doesn't make it right. While it is possibly legal what the cops did that got one of them killed it is not necessarily right. A simple examination in a court room will free the man accused of murder.

One, the cops used over 12 men at 3 in the morning or some other night time hour with flash-bang grenades and battering rams to surprise the people with no prior announcement of who they were. Because we live in the USA, have a constitution with a 4th amendment we don't expect cops to come charging into our homes at 3 in the morning without telling us.

Two, the no-knock was not reasonable. With two people on regular time the man could have been stopped at a traffic stop, then the house searched without having to worry about armed resistance.

Three, no attempt was made to see who was in the house before indiscriminate gunfire at the house was made by the cops. Total irresponsibility by the cops who are responsible for one of their own getting killed.

No-Knock warrants are used by police forces often just because they are fun to do. They are used to display force because being a cop is such a boring job usually that a little excitement seems like a good thing for morale.

The guy growing the weed, which is legal in some states, did not create anything like a situation that needed a no-knock raid. He was doing something illegal but it is also illegal to drive 80mph in a 70mph zone, I would not expect to be shot at for doing that. I believe that all illicit drugs are stupid and the drug laws should be enforced, but I don't condone killing for small time infractions of the law. The excuse for the raid was that he had guns. He probably had other legal substances in the house too. When cops start tearing down doors because someone owns a gun, legally I might add, then we are in a serious police state situation.

This was a simply senseless death, it is a wonder more didn't die. The perp in this case could have conceivably gotten off with a fine after a court appearance, nobody needed to die, this is outrageous. This whole senseless, stupid raid was not the fault of the weed grower. Cops need to use some common sense.

54 posted on 03/20/2017 5:41:22 AM PDT by JAKraig (my religion is at least as good as yours)
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To: Greetings_Puny_Humans

Telepathy, clairvoyance?
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.

_________________________________________________________

The first guy was not a felon.

You really are clairvoyant aren’t you.


55 posted on 03/20/2017 5:43:01 AM PDT by JAKraig (my religion is at least as good as yours)
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