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Discussion in 'Politics, Religion, Social Issues' started by jkcerda, Jun 24, 2014.
why the charge of possession of a deadly weapon if the gun was legal? the weed?
Good. Maybe it will send a message. No knock warrants should be illegal.
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.
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.
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.
I saw that, but a knife/crossbow/spear would also fit the description of "deadly weapon"
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.
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.
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". 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.
From the OP
actually it was a " no knock RAID", can't find warrant anywhere in the article.
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"
"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.
And you call the USA the "Land of the FREE"
That sounds very much like a police state.
Tons of articles dating back to the incident state there was a warrant.
Central Texas deputy fatally shot serving warrant
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.
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) 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. ...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."
"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.
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.
There WAS a warrant. OP article is flawed.
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.
They had a warrant. It was a no knock warrant.
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.
raiding someones home w/o announcing may end in dead people, from one side or the other.
Knocking and announcing could and does cause deaths. Why not just give the suspects a call and tell them you are coming?