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To: Poohbah
it was more stupid for the sheriff to kick the door in without warrants!
123 posted on 12/10/2003 2:27:50 PM PST by countrydummy
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To: countrydummy
it was more stupid for the sheriff to kick the door in without warrants!

Actually, it may or may not have been. After communicating death threats, slamming the door in the constable's face may very well raise a necessity defense on the issue of unwarranted entry--i.e., the constable had reason to believe that Bixby posed an immediate threat to the life and limb of others.

Contrary to popular belief, threats of extralegal violence are not protected speech.

124 posted on 12/10/2003 2:30:05 PM PST by Poohbah ("Beware the fury of a patient man" -- John Dryden)
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To: countrydummy
Unfortunately we wonn't be able to hear that man's side of the story since he got bushwhacked by your mad dog heroes.
126 posted on 12/10/2003 2:31:42 PM PST by Ben Ficklin
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