Don't know anything about the case, but even stupid cops will announce their presence before forcing entry, if only avoid being shot like this cop.
If cops didn't announce themselves before breaking into my house, I'd come out shooting too, especially if my kids were in the house. Pretty good excuse if it's true.
Consider that most cops who break into houses want to get the door down and enter the premises as fast as possible--often to prevent dope from being flushed or to prevent the inhabitants from arming themselves.
The result is that they yell "Police" and take the door down simultaneously without any wait.
If the raid occurs at the prime time (early morning hours when most are asleep and not alert)then it's pretty easy to see how accidents occur.
Note that the raid might have been a mistake. No drugs were found.
Yea, but when they break in at O'Dark thirty, and announce from outside before breaking down the door, it seems quite reasonable that those inside might not hear or understand what is being said. Add to the mix that they had the wrong house, and so the occupants had no reason to expect such midnight visits from the police.
Of course the other police testified, most likely truthfully that they did announce, but it's their word against his. Now generally a murder conviction must be beyond a shadow of doubt, but when it's cop that's dead, especially the son of the Chief, the rules get bent a little sometimes, even when the police break into the wrong place.
I hope the drugs they didn't find, until much later that is, were worth the life of the police officer. Unless there's more to the story than is given in either story, this was a definite miscarriage of justice.
Nothing will come of this. The government likes having the power to issue no-knock warrants. The government runs the judicial system. This case will probably remain buried. If not, Mr. Maye may suffer an unfortunate accident in prison. The government will not allow their power to violate the 4th Amendment to be put at further risk. We have already lost the war folks. We just haven't admitted it yet.
I beg to differ with you on that point. Most "drug warrants" are NO KNOCK and your first warning is the door being kicked open. This is a situation that has ended in tragedy for both police and home owner more times then should be allowed.
Regards,
GtG