Texas Man won’t be Prosecuted for Killing Cop in No-Knock Raid

Discussion in 'Politics, Religion, Social Issues' started by jkcerda, Jun 24, 2014.

  1. jkcerda macrumors 6502

    jkcerda

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    #1
    why the charge of possession of a deadly weapon if the gun was legal? the weed?
     
  2. Menel macrumors 603

    Menel

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    #2
    Good. Maybe it will send a message. No knock warrants should be illegal.
     
  3. NT1440 macrumors G4

    NT1440

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    #3
    Exactly. The terror tactics used by SWAT teams for such minor police work as serving a warrant (why the hell do you need to bust down a door to serve a warrant?) are out of control in this country.

    I really wish the police force wouldn't have put their cops in these positions with this ridiculous protocol.
     
  4. vrDrew macrumors 65816

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    #4
    Why did the cops not have a warrant to enter the home?

    That, more than anything else, bothers me about that story. Even with probably cause to believe that the guy had drugs, they had no business busting down his door without a warrant. And I cannot believe it would have been very difficult to persuade a Texas judge to give them one.
     
  5. citizenzen macrumors 65816

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    #5
    The word highlighted below in red might provide a clue.

    possession of marijuana while in possession of a deadly weapon

    Let me know if this requires further clarification.


    Good question. I would have thought that kind of force needed to be in response to an immediate threat of violence.
     
  6. jkcerda thread starter macrumors 6502

    jkcerda

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    #6
    I saw that, but a knife/crossbow/spear would also fit the description of "deadly weapon"
     
  7. citizenzen macrumors 65816

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    #7
    Okay. Had he used a knife/crossbow/spear and killed the cop, he could have been charged with the same crime.

    I guess I don't get your point.
     
  8. Menel macrumors 603

    Menel

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    #8

    They had a warrant. A no knock warrant, which means they can bust in wearing plain clothes without announcing themselves... Acting as a burglar would.
     
  9. zioxide macrumors 603

    zioxide

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    #9
    Good on the court. The Orwellian police in this country is getting out of hand. Without a warrant or announcing their raid, these cops were essentially breaking & entering and committing burglary on private property under the excuse of carrying a badge. Maybe one of their "brothers" getting shot and killed will start to open people's eyes and promote them to start pushing for an end to this ********.

    Meanwhile, the cop is just another casualty of the "war on drugs". :rolleyes: Another needless death over a plant that is less harmful than alcohol and tobacco.

    Seems like the article posted indicates there was NO warrant at all.
     
  10. rdowns macrumors Penryn

    rdowns

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    #10

    From the OP

     
  11. jkcerda thread starter macrumors 6502

    jkcerda

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    #11
    actually it was a " no knock RAID", can't find warrant anywhere in the article.
     
  12. Menel macrumors 603

    Menel

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    #12

    Ooops odd. Many other articles state that there was a warrant.

    "Sgt. Sowders obtained a “no-knock” warrant from the county judge on the grounds that an announced entry could rattle a guard dog"
     
  13. Southern Dad macrumors 65816

    Southern Dad

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    #13
    "No Knock" warrants are an essential tool of law enforcement. Forcing LEOs to knock on the door gives those inside time to arm themselves, dispose of evidence or worse. Giving the people inside time to prepare for the raid is NOT a good idea.
     
  14. Happybunny macrumors 68000

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    #14
    And you call the USA the "Land of the FREE"

    That sounds very much like a police state.
     
  15. Menel macrumors 603

    Menel

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    #15
  16. NT1440 macrumors G4

    NT1440

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    #16
    Seeing as there wasn't a warrant, how can any charges be brought up on what was found? You'd think any evidence would be inadmissible, unless of course they are just fishing for a plea given what happened.

    Now I'm saddened by the death of this officer, but if the law was carried out appropriately none of this would have happened in the first place.

    The growth in use of SWAT tactics with no knock warrants is simply reckless and dangerous.
     
  17. Menel macrumors 603

    Menel

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    #17

    Then expect officers to die when homeowners defend as if being burglarized.

    Or said officers to be jailed when they slay a 92yr old woman.

    "Kathryn Johnston (June 26, 1914 – November 21, 2006)[1] was an elderly Atlanta, Georgia, woman who was shot by undercover police officers in her home ...Officers cut off burglar bars and broke down her door using a no-knock warrant.[5] ...None of the officers were injured by her gunfire, but Johnston was killed by the officers. ...

    ...Three officers were tried for manslaughter and other charges surrounding falsification and were sentenced to ten, six, and five years.[3]"
     
  18. Southern Dad macrumors 65816

    Southern Dad

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    #18
    "No Knock" is a type of warrant. The judge issues a warrant with a special provision allowing the LEOs to enter without announcing their presence first. A normal warrant requires LEOs to identify themselves and announce that they have a warrant.

    "No Knock" warrants are issued when there is a danger of the person inside arming themselves, disposing of evidence or danger to others.
     
  19. NT1440 macrumors G4

    NT1440

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    #19
    I don't understand why in the world we send SWAT teams storming into buildings to SERVE warrants. That makes no sense and is a complete departure from the purpose of SWAT teams.
     
  20. Menel macrumors 603

    Menel

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    #20

    There WAS a warrant. OP article is flawed.
     
  21. ucfgrad93 macrumors P6

    ucfgrad93

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    #21
    Agreed. Even though they are over used, there is a need for a no-knock entry in some cases. However, this should never happen without first obtaining a search warrant.
     
  22. Southern Dad macrumors 65816

    Southern Dad

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    #22
    They had a warrant. It was a no knock warrant.
     
  23. NT1440 macrumors G4

    NT1440

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    #23
    I know how No Knocks came about, and they are grossly over and misused.

    A GREAT read for the drift in policing in the USA (as well as the militarization since the 60's) is "Rise of the Warrior Cop". It's incredibly even handed even on events that had my blood boiling. I think you'd like it SD, definitely an interesting read.
     
  24. jkcerda, Jun 24, 2014
    Last edited: Jun 24, 2014

    jkcerda thread starter macrumors 6502

    jkcerda

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    #24
    raiding someones home w/o announcing may end in dead people, from one side or the other.
     
  25. Southern Dad macrumors 65816

    Southern Dad

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    #25
    Knocking and announcing could and does cause deaths. Why not just give the suspects a call and tell them you are coming?
     

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