Posted on 05/31/2017 12:54:34 PM PDT by Sean_Anthony
Thus making it easier for cops to protect themselves against threats
For awhile there, cop-hating liberals and libertarians had themselves a loophole that made it easier to come down on cops who used force in self-defense. According to the so-called “provocation doctrine,” if police had made their way into a situation without satisfying every legal technicality (such as entering a home without a warrant), then they were not necessarily allowed to use deadly force to defend themselves even if another party threatened them with deadly force.
In the case in question, police had indeed entered a home without a warrant and encountered a person wielding a BB gun that looked like a real gun. That prompted police to shoot, but not kill, in self-defense, and initially a court ruled that the officers had no right to use force because they shouldn’t have been in the house in the first place.
Ummm...illegally entering a private home without a warrant is not exactly what I'd call a legal technicality.
So cops can now invade your home with impunity to kill your dog or you.
Have to put this in the “Loss” column.
Not true and never has been true.
Exceptions are hot pursuit, probable cause that a crime has, is or going to be committed (no minority report jokes please).
I’d like to know more. Were the police pursuing a thug and the thug entered a home in an effort to get away? “Hot pursuit” applies.
Or were the police walking by and heard screaming and other noises that indicate somebody in distress? Exigent circumstances apply.
If the police were just walking down the street and decided to enter any home they wanted, that’s different.
Need more facts.
“...legal technicality (such as entering a home without a warrant...”
The 4th Amendment otherwise known as a legal technicality.
I clicked, saw nothing new.
Clickbait? Maybe. Yet the CFP does more good than the American MSM ever will.
However if a cop illegally enters your home without a warrant and failed to knock and gain permission to enter and you shoot him as an intruder you are in fear of, how does that square up with this ruling? Provocative acts are two way.
Canada Free Press, whatever that is, says it’s a win. That’s enough for me.
http://www.scotusblog.com/case-files/cases/county-of-los-angeles-v-mendez/
The decision: https://www.supremecourt.gov/opinions/16pdf/16-369_09m1.pdf
Another insane legal invention of the Ninth Circuit gets knocked down, unanimously this time.
“However if a cop illegally enters your home without a warrant and failed to knock and gain permission to enter and you shoot him as an intruder you are in fear of, how does that square up with this ruling? Provocative acts are two way.”
If that happens to you, the only thing that is going to be square is the hole they dig to put you in the ground.
You’ll get off but sometime in the future you will found dead and declared a suicide.
From the decision:
“Without a search warrant and without announcing their presence, the deputies opened the door of the shack. Mendez rose from the bed, holding a BB gun that he used to kill pests. Deputy Conley yelled, “Gun!” and the deputies immediately opened fire, shooting Mendez and Garcia multiple times.”
So, they can come into your residence unannounced, you don’t know who they are, and if you’re carrying a gun for defense they can shoot you and your unarmed co-resident, and that’s ok. What if it’s a real home invasion? Do you have to determine they aren’t LEOs, wait for them to attack, before shooting?
Something’s wrong here.
Statists ,both left and right, hate citizens rights. They both demand compliant slaves.
This was a LOSS.
The Fourth amendment means nothing today.
Not according the jack boot lickers like the original source.
No.
The ruling is against the Ninth Circuit’s bizarre theory.
Their claim will be reheard under a rational 4th Amendment interpretation.
“Police officers are not criminals.”
Some of them are and the proof of this is that they’re in prison where they belong.
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