BULL$H!T! They come into my home unannounced and will be promptly greeted with a .308 warning shot. Any further attempts will be met with extreme resistance. You don't knock down the door of my home and expect me to be placid!
Wouldn't this same reasoning justify cops walking in and cofiscating firearms, like occured in the immediate aftermath of Katrina in NO?
I would be inclined to encourage people to feel free to shoot someone bearing a gun bashing through someone's front door unannounced.
I thought this was already covered under proable cause. At the same time, do a home invasion on my house and Mr 454 is going go through you, your body armor, the front wall and probably the car you drove up in.
We'll have to fight the abuses, but this was the only decision that could be made.
The police have to do many things to successfully conduct their duties.
We, on the other hand will always be confronted with abuses and heavy handedness by some of them.
The nature of policing can't change, it is pretty much fixed for all time, it will always require constant vigilance by an involved citizenry, and good internal leadership, within the departments.
If one can now be charged with disorderly conduct and intoxication taking place inside their home, what refuge is there?
And yet they have no legal obligation to protect you. Nice.
Maybe the kid was deserving of a royal A$$kicking. Who knows what he was doing.
He just wasted a tree writing his worthless concurring opinion that Utah's courts could apply Utah's Constitution. Ya think?
OK,, why didn't the police start screaming at these two geniuses that were fighting as they attempted to gain entry?? Inside a closed house or not, it would have closed the legal loophole.
Did the police think they would gain some form of advantage over the combatants if they remained stealth?
Their objective, as put forth in this article, was to stop a fight. There are more ways to stop a fight then there are food recipes with eggs. These clowns with badges decided their best and safest way to confront this problem was simply taught to them via the WOD. No knock, bust in, take charge, confiscate everything, hand out misdeameanors.
Are we speaking German yet?
how is this any different than previous rulings about
exigent circumstances and a crime in plain view?
seems like a no-brainer.
when you need to beat your wife like a gubmint mule (Allah be praised) , close the curtains.
There was a fight going on, one of the participants was spitting up blood, and the officers announced themselves prior to entry, but couldn't be heard over the noise of the fight. If they'd stayed outside, and the injured kid had gotten killed, you can bet the media would be crying "why didn't they do something?"
What defines an "emergency"???
Where are the standards?