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To: BCrago66

This was posted here earlier.
Upon following a few links the facts and circumstances seem to be that the couple was having an argument outside the house, both parties went back into the house and then there were sounds indicating he was threatening and/or injuring her. Not exactly a no knock raid by a SWAT team, more akin to if a cop outside had good reason to believe someone was beating or about to beat their wife (or husband)..

Not that I think the police should *ever* be allowed to enter a home without a warrant, and at that *always* be required to identify themselves, present the warrant and allow examination of it (and yes, if that means that on occasion the bad guys can flush some drugs down the toilet that’s less of an injury to society than no knock raids by dog shooting jack booted thugs) except for a hostage situation.


7 posted on 05/13/2011 4:01:42 PM PDT by RedStateRocker (Nuke Mecca, Deport all illegals, abolish the IRS, DEA and ATF.)
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To: RedStateRocker

I don’t want to get too pedantic here, but the legal question here is not whether the cop’s entry was unlawful. The question the Indiana Supreme Court was addressing was: Assuming the entry was unlawful, did the defendant have the right to shove the cop (or was the shoving a crime.)

I’m not pretending to know the answer to this question, before studying the case further.

(Someone complained about “incomplete” information: I don’t get that complaint. On FR, we post excerpts so as to to violate copyright law. If you go the post, it links to the entire Indiana Supreme Court decision.)

As for the cop’s tazing and arrest: Maybe that was justified under the circumstances. But we want cops to possess self-control, and use force to the extent necessary to defend themselves or to effectuate an arrest. In a free country, it’s not really that funny to say cops should “beat the daylights” out of someone, like am out-of-control kid thug.


14 posted on 05/13/2011 4:12:48 PM PDT by BCrago66
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