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Officer kills 74-year-old man after family called cops to check on him at his home
Daily Mail Online ^ | February 8, 2015 | Anneta Konstantinides

Posted on 02/08/2015 6:51:22 PM PST by Teotwawki

A North Carolina officer shot dead a 74-year-old man whose concerned family had called the police and asked to check on him.

Officer Josh Lefevers arrived at the home of James Allen just before midnight on Sunday morning and announced he was entering the residence when Allen approached him with a handgun and refused to put it down, police said.

Lefevers then shot and killed him.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: North Carolina
KEYWORDS: banglist; donutwatch; kills; officer; police
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To: blackdog

http://www.federalcrimefaq.com/when-are-the-police-allowed-to-search-your-home-without-a-warrant/


81 posted on 02/08/2015 8:25:07 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: gaijin

The police were just obeying orders; following standard procedure. There is no evidence of any policeman violating anyone’s rights.


82 posted on 02/08/2015 8:26:05 PM PST by Gigantor (The Fundamentally Transformed States of America)
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To: Gigantor
There is no evidence of any policeman violating anyone’s rights.

Well.............there is that dead body.

83 posted on 02/08/2015 8:29:47 PM PST by Balding_Eagle (The Gruber Revelations are proof that God is still smiling on America.)
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To: doorgunner69

Yep, it is like a production line one size fits all, and it is resulting in them gunning people to get them out of the way, and THEN trying to asses the situation.


84 posted on 02/08/2015 8:30:40 PM PST by ansel12 (Civilization, Crusade against the Mohammedan Death Cult.)
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To: Jonty30
a police officer may enter a home without a search warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.

(No such imminent injury situation was reported or observed in any way).

In the Fisher case, police officers responded to a complaint of a disturbance. When the officers arrived, a couple directed them to a residence where a man was “going crazy.” After arriving and before entering the home, the officers saw the following: A pickup truck in the driveway with its front smashed; Damaged fence posts along the side of the property; Three broken house windows; Glass still on the ground outside; Blood on the hood of the pickup, on clothes inside the pickup, and on one of the doors to the house; The back door to the house was locked; A couch blocking the front door; Mr. Fisher inside the house screaming and throwing things; and A cut on Mr. Fisher’s hand.

(No such observations whatsoever were made)

Unfortunately for Mr. Fisher, however, the Supreme Court rejected his argument. Citing to its earlier decision in the case of Brigham City v. Stuart, the High Court reiterated its previous ruling that law enforcement officers “may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.”

(There was no imminent injury reported or observed. Tha lack of any condition to observe does not constitute an excuse to create one)

Justice John Paul Stevens disagreed with the majority opinion and therefore wrote a dissenting opinion in which he pointed out that the officer who entered Fisher’s home had previously testified that he saw “mere drops” of blood outside Fisher’s residence and that he did not ask whether anyone else was inside.

85 posted on 02/08/2015 8:36:47 PM PST by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: Teotwawki

Most the Brits love reading these kind of gun related stories. Makes them feel that being unarmed is the better way to live.


86 posted on 02/08/2015 8:36:59 PM PST by lee martell
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To: <1/1,000,000th%

Because ambulances don’t do housecslls unless an emergency is confirmed?


87 posted on 02/08/2015 8:37:04 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: Jonty30
While I appreciate the case you referenced in your link, it no way resembles the facts in this case.

The lack of anything to observe does not constitute the right of the police to continue past protected rights.

Now if they heard a man screaming, groaning, or a pet in distress, dangerous conditions, smoke, water flooding from the residence etc..... That would be different.

88 posted on 02/08/2015 8:41:38 PM PST by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: <1/1,000,000th%
Sounds like the man wasn’t doing very good. Why call the cops???

Let's see what's being reported about who did what.

In was the family who called the cops.

It was the cops who first went to the house and then left after nobody answered the door.

It was the cops who then checked with the neighbors and the local hospitals to see if they could locate the old guy.

It was the cops who then called EMS.

It was the fire department that broke into the house.

It was the old man who first pointed his gun at the EMS guy.

It was the cop who identified himself and who told the guy to stop pointing his gun gun at the EMS guy and to put the the gun down.

It was the old guy who then pivoted and pointed his gun at the cop.

And it was the cop who then shot and killed the old man.

Link

89 posted on 02/08/2015 8:42:01 PM PST by FreeReign
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To: blackdog
While I appreciate the case you referenced in your link, it no way resembles the facts in this case. The lack of anything to observe does not constitute the right of the police to continue past protected rights. Now if they heard a man screaming, groaning, or a pet in distress, dangerous conditions, smoke, water flooding from the residence etc..... That would be different.

So then if an old guy who lives alone dies in his house, how does that old dead guy wind up being found?

According to you, he would never be found, because nobody is allowed to enter the house.

90 posted on 02/08/2015 8:49:25 PM PST by FreeReign
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To: blackdog

You know, there are times when folks make comments on the forum that do themselves no justice whatsoever. That was an excellent example.

Officers were sent to the home to check on this man. There’s nothing wrong with that. They wanted to see if he was lucid or needed further assistance. They weren’t going there to practice medicine without a license.

If he needed medical attention they would have called out transport and gotten him the assistance he needed.

Honest to gosh some of you folks are just pure nutters.


91 posted on 02/08/2015 8:56:56 PM PST by DoughtyOne (The question is Jeb Bush. The answer is NO!)
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To: blackdog

His family could not contact him. He was home. What does that tell you? It would tell anyone with a lick of sense, that the guy might be having some problems. They wanted to check the guy out. For heaven’s sake, get a grip.


92 posted on 02/08/2015 8:59:54 PM PST by DoughtyOne (The question is Jeb Bush. The answer is NO!)
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To: FreeReign

Thanks-—the cops did everything right.

The Daily Mail loves tweaking the headlines.

.

.


93 posted on 02/08/2015 9:03:45 PM PST by Mears (there wasn't much conversation about it.)
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To: Jack Hydrazine

I had to have the police break into my mother’s house, and they found her laying next to her bed and she had been there for eighteen hours. I was out of town and the neighbors hadn’t heard from her. And they were two other old ladies that couldn’t get in.

Now if the police broke in and she was holding a gun on them, I don’t know what they would have had to do. (Although my mother didn’t have a gun.)

And the man obviously heard something to go and get his weapon.

Usually people don’t call for status checks close to midnight— they assume the person is asleep.


94 posted on 02/08/2015 9:07:51 PM PST by MacMattico
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To: DoughtyOne
Officers were sent to the home to check on this man.

Not the right tool for the job. The next time I don't like my relative I think I'll call up the cops to check on his welfare. He makes his own hand loads for his guns too. I'll make sure they know he's got that setup too.

95 posted on 02/08/2015 9:10:33 PM PST by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: FreeReign

Your link is to the police press conference.
Those of us who like to hear both sides before making a decision would like to hear what the old timer has to say.
Wait a second, he’s dead: shot to death by the police.

No one could enter his house? Not his friends or family?
Maybe that’s the way he wanted it. Most of us don’t want uninvited guests barging in, especially if they claim the power to execute us if something seems ‘hinky’ to them.

But the important thing (as usual) is that this rookie cop of two years returned safely to his own home and family and is now on paid leave, presumably entertaining fellow officers with the story of how he shot this old man to death in his own home because the old boy couldn’t seem to follow instructions.


96 posted on 02/08/2015 9:11:39 PM PST by tumblindice (America's founding fathers: all armed conservatives.)
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To: MacMattico

How did your mother make out——18 hours is a very long time?

.


97 posted on 02/08/2015 9:11:40 PM PST by Mears (there wasn't much conversation about it.)
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To: FreeReign

I’m saying it is not the job of the cops to check on your uncle or grandpa. That is your job. If you are not close enough, make the arrangements with others in advance.


98 posted on 02/08/2015 9:13:48 PM PST by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: Mears

She was in the hospital for a few weeks, dehydrated and her body temperature had dropped. And then moved to a nursing home. She passed away a year later, but was pretty active up until getting pneumonia (at the nursing home).


99 posted on 02/08/2015 9:18:14 PM PST by MacMattico
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To: upchuck

.
What ever happened to asking permission to enter?

.


100 posted on 02/08/2015 9:18:33 PM PST by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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