Replies

You nailed it!

Here is how this debate should go:

1. Did the cops do break the law trying to enforce it?

2. Did the cops illegally enter the home of the defendant?

3. Does the home owner have the right to defend his home against illegal entry?

Thats all there is to this argument. If the cops broke the law trying to enforce it, they were wrong. If the defendant illegally entered the home of the police, would they have the right to use force to stop him?

1. Did the cops do break the law trying to enforce it?

2. Did the cops illegally enter the home of the defendant?

3. Does the home owner have the right to defend his home against illegal entry?

Thats all there is to this argument. If the cops broke the law trying to enforce it, they were wrong. If the defendant illegally entered the home of the police, would they have the right to use force to stop him?

Reminds me of an episode of "Picket Fences" where the sherriff (played by Tom Skerritt) was on a jury where a drug dealer was being tried for opening fire on cops breaking into his apartment. Since the cops just broke in and didn't identify themselves, Skerritt made a point where the dealer was firing in self defense. I guess in that case, it is a bit of a stretch, but I'd say there could be some grounds there.

I think the best way is the police to identify who they are as they are knocking on the door, at least to make it legal because if they just barge in, the person in the house could think they are robbers or whatnot. I guess in situations like a standoff and such, barging in would be OK since the perp knows he is surrounded anyhow and know the cops are out there.

Generally, I support strong law enforcement and tough sentencing for violent criminals, but I think we need to honor the protections that are given to us in the Constitution as well. The militarization of law enforcement is kind of disturbing to me. Sure SWAT teams are needed, but when you expand it to the rank and file cops, I think that's when it can really backfire on you.