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To: ModelBreaker
Nobody here is arguing that this was a good thing. Or that the cops involved should not be disciplined for stupidity. It was a mistake. And they need to be responsible for their mistakes.

If a government agent breaks into a dwelling at 123 E. Fifth Street, without a warrant authorizing him to do break into 123 E. Fifth Street, and in the absence of obvious exigent circumstances that would justify such a break-in, why should he not be regarded and prosecuted as a robber? Even if he has in his possession a warrant for 125 E. Fifth Street or 123 E. Sixth Street, such a warrant in no way authorizes him to enter 123 E. Fifth Street.

I've never heard of a cop being prosecuted as a robber under such circumstances, but I see no reason one shouldn't be.

130 posted on 04/10/2008 4:41:48 PM PDT by supercat
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To: supercat
I've never heard of a cop being prosecuted as a robber under such circumstances, but I see no reason one shouldn't be.

No intent to rob and no actually robbery. Breaking and entering, and if they so much as touch an occupant then felonious assault are possible charges. Then at the civil trial, mental anguish.

135 posted on 04/10/2008 5:49:03 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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