[Poohbah]

I might agree with the first, however why don't you think the police did something illegal in this siutation? In other words, why do you think they had athority to do what they did? And what was the probable cause for that athority?

Zito threatened the officers who were in performance of their official duties. In short, he upped the level of confrontation. He demonstrated that he was manifestly a danger to the officers (at least), and quite probably the community at large.

[Wm Bach]

In short, he upped the level of confrontation. He demonstrated that he was manifestly a danger to the officers (at least), and quite probably the community at large.

If the police failed to secure a warrant, then it is they who must bear the responsibility for upping the level of confrontation. Warrantless break-ins by the police are a manifest danger to citizens specifically and to the nation at large.

[Hajman]

Zito threatened the officers who were in performance of their official duties. In short, he upped the level of confrontation. He demonstrated that he was manifestly a danger to the officers (at least), and quite probably the community at large.

This is true. However, did the police have athority to breaking and entering? I would have to say no, without a warrant, unless someone was in immediate danger. The main question is, did the police have the athority to do what they did? I wouldn't agree that they did in this case. Plus, their actions put them into a more dangerous situation; one that could have been avoided if they had gotton a warrant or backup (if the situation demanded that).

-The Hajman-

[Abundy]

Actually, the judge ruled their actions illegal when he ruled they violated the fourth amendment. And the language you keep reciting regarding self-defense is actually the criteria for voluntary manslaughter.

An imperfect self-defense claim, if successful, will knock the conviction down from 1st or 2nd degree murder to Inv. Mansl.

A perfect self defense, if successfull, means acquital.

FWIW - Given his statements (and after a day to consider the available evidence) it will be hard for the defendant (if not impossible) to prevail on a perfect self-defense theory. He is quite likely to get imperfect due to his mental incapacity - if the trial judge is not overruled on the NCR issue.

Cap'n - You are correct - the third officer showed EXTREME restraint and would have been justified in shooting Zito...and I'm not sure how I would have reacted at that moment...but I can guess.

[supercat]

Zito threatened the officers who were in performance of their official duties.

Unless they had a warrant or eviction order, their entry of Zito's dwelling without his consent was not in performance of official duties.