What I read there it seems that TPTB want the police to be sure before they go breaking down a door . Sounds like a good idea to me !!
A complicated and messy subject. While I agree with a homeowner's right to defend himself inside his own home, I feel for the LEOs who are already tasked with a near impossible job. The police are already under scrutiny twenty-four hours a day from the public, the media, and the politicians. Their rules of engagement pretty much mean that the bad guys get the first shot. I'm not crazy about any new law that makes their job more difficult. Still, people have the right to feel safe inside their homes, and unless someone's life or safety is at stake, no LEO should enter without a warrant. Very ambivalent about this piece of legislation.
I'm just going to come out and say it. When the job of the police becomes easy, our rights erode. Their job is, by nature, difficult and it should remain difficult. They should be working within the confines of the constitution and MUST, MUST, MUST work that way to ensure that our rights are not abridged while doing their duty. All these new laws accomplish, that make it "easier for police" to do XYZ, is to make them legal criminals. I do not subscribe to that at all. No disrespect intended to any officers here, but my rights > your job difficulty.
This whole thing doesn't make a lot of sense to me. Is it just codifying something that already exists like requiring a warrant? Who is benefiting from the new law, the resident or the LEO? Or maybe it just closes a door on the post action ambulance chasers that are bound to gather like vultures? Sure, "no knock" creates a problem for the LEOs. Sure, copping is a risky way to earn a living. (So is construction, so is OTR driving ---) Case extant, the cops followed him into the house responding to a complaint, so he knew they were there. Said differently, it was lawful. This looks to me like an unnecessary bit of legislation. If it was lawful in the first place, the existing blanket liability coverage for "in performance of duty" applies and the idiot's suit should have been thrown out on the first hearing. I really don't get it.
One that bothers me is some one will make a good law that works for the people and L.E.O's Then you have some group protecting a $h!thead or a politian who has a $h!thead family member and they go to changing it. If it works they need to leave it alone. As for me the only way I kick a door in and charge in a mans house without a warrant is if someone is going to die if I dont. Then I know this guy is held up 9in his home and this is where he is most dangerous. Because in his world this is his home and I am busting the door down to get to him. Ive been doing this a long time and have done it by one rule treat and respect people as I would want them to treat me or my mom and dad. It's worked for me and I have busted alot of doors and a few without warrants but the people knew I had no other option.
AD, you are genuinely a unique officer in that you are also a Constitutionalist and a Patriot; unfortunately not many of your brethren in Blue are so inclined. I wish all police, including my little sister (Lt. In Jackson, TN 34 years on the job) had your judgement, good sense, and dedication to both your job and our liberties.
You cant break the law to enforce the law some times just because it's in the code book it dont make it right. I think alot of the reason we have violent confrontations with normaly good guys is because they feel their rights are being trampled and we are breaking the law to enforce a law and arrest them. I will do my job and arrest criminals but I will not trample on or bend the constitution to do so. I swore to uphold and protect the constitution of the US and if I have or I have allowed another to violate some one elses Constitutional rights I have or have allowed for the violation of my on rights. NOT ON MY WATCH
AD. I don't doubt your integrity and of those like you. What worries me is that they create laws so you can feel better about violating that integrity without fear of the law itself.
I've said it before and I'll say it again... Kick in my door and I'm opening fire. If I'm killed as a result whether it be on the spot or by execution I will die knowing I didn't hesitate to defend my family when the door kicker could very likely have been a home invasion disguised as a police raid.
This is about as valid a statement of how I feel as I can think of. I would like to add, HOWEVER, one small Note: If the LEOs, have a WARRANT, but get the WRONG Address, or have ANY issues that might make that Warrant, Invalid, then they should be Prosecuted for Unprofessional Conduct, and terminated from their standing as a Law Enforcement Officer. No Questions, No BS, Just FACT. The situation where the LEOs screwup and get the wrong house, or do a Raid with very BAD Intelligence, and no FACT Checking, beforehand, and then No consequences, after such a blown action, except "We are so sorry" is TOTAL BS, and needs to STOP, Period. If, "We the People" Intrust the LEOs with such Power, then they need to have THEIR Skin, in the Game, Going IN... You Screw the Pooch on one of these deals, YOUR DONE, as a LEO, for the rest of your days, simply because you can't be trusted with that kind of Power, PERIOD.... My Opinion... YMMV......
It's funny I don't know many police officers that want to be in a shoot out of any kind.Oh guess ya could find a couple but in general they want a nice quiet day. For the life of me I don't see why it ever has to come to breaking down a door other than a hostage situation or a barricaded suspect . They know if they get a warrant that the person they are looking for will be in the open sooner or later and take him by surprise !!! JMHO
Always wondered that myself... just seems so much less risky to swoop in on the dopeboy unlocking his Caddy than kicking down his door.
Could not have said it better myself. The only thing I would add, is when they go to the wrong address, which happens WAY too often, and the civilian living in the house gets killed - which happens, then somebody needs to go away for murder, because that is what they did. At minimum negligent homicide. Also, you shoot my dog, I'll shoot yours.. You see the videos of SWAT rolling up on a residence, jump out of the van, and breech the door in under 20 seconds. That's very impressive, but where is the recon ?
I agree alot of us older L.E.O's see it and wonder what the hell!!! If an L.E.O. is working a case and gets enough for a search warrant then goes and kicks the wrong door in then it's oh im sorry. How can you trust he has got the right guy for the crime if he can't get the right house of this guy he investigated. If you read one of mine of my Deputies case folder there are written directions to the residence. There is no excuse other than stupidity and I know I wouldn't want one of these guys on my back going through a door.
