Castle Doctrine Vs Police No-Knock
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Thread: Castle Doctrine Vs Police No-Knock

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    Castle Doctrine Vs Police No-Knock

    What happens when castle doctrine runs into police no-knock break-ins?

    The latest situation in the news was of police breaking into the apartment of EMT Brianna Taylor. The plain-clothes police (no body cams) broke down the front door at 1 am. Her boyfriend, who was a licensed gun carrier, returned fire (one shot) as they came through the door, and the police responded with a hail of bullets that struck Brianna eight times. One officer was slightly injured and there is some current question as to whether it was from the boyfriend's single shot or friendly fire from the other police. The boyfriend was arrested and charged with attempted murder of a police officer. The boyfriend was also on the phone with 911 while the police were breaking down the door. The police claim they identified themselves before bursting down the door. Neighbors say they heard the boyfriend shouting at them, but not the police.

    Neither Brianna nor her boyfriend have a police record (which the boyfriend couldn't, having a carry license), nor were there any drugs or drug-related items found in the apartment. Initially, police claimed they had hit the wrong apartment. Later, police claimed her address was being used as a mail drop by a known drug dealer (who had coincidentally already been arrested earlier that day). However, the postal inspector for that region denies that any mail was going to that house in the name of the drug dealer.

    Police also claimed that they had previously observed the drug dealer go to her apartment and pick up a package at the door. They didn't explain why they didn't arrest him at that time.

    The issues relevant to us is the clash between castle doctrine (or even basic prudent defense against home invasions). Massad Ayood advises, "Don't open the door!" when unknown people come knocking in the middle of the night. Ayoob further advises thoroughly questioning people through the door before even going near it, although obviously the who purpose behind no-knock is to strike hard and fast. Given the same situation, I'd certainly open fire with anyone bursting into my living room.

    In the video below, Colion Noir raises a significant question: Is a particular drug bust ever really that important that a citizen's right should be violated? In this case, they could easily have arrested the dealer on the street. And it was purely wrong to charge the home defender with "attempted murder of a police officer."

    Watch the whole video, because despite the media spin, this is not a racial matter.

    Colin Noir
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    This is what happens when one government agent authorizes another government agent to enter a home.
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    I don't know who's busting down my door? I'm shooting. I hope this guy has enough financial support to properly defend himself and then turn around and sue everyone for every penny he can get. No-knocks shouldn't happen.

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    Obviously law enforcement and some judges need to have some authority removed.
    There is no excuse for this incident- and many others like it.

    Make the judge who signed the warrant, and the officers who pulled this stunt liable- all of them.
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    Years ago I was 100% behind law enforcement, not anymore.

    No knocks, red flag laws, trigger happy and this Covid-1984 lockdown enforcement. I don't know if things have changed, or if everyone having a camera brings more truth to light.

    Not all cops, but way too many, way way too many.

    Trump should end No knocks today. How many stories have we heard of "the wrong address". Our Military has to have better intel and stricter rules of engagement while going after terrorists, than what some of these cops get away with.
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    Quote Originally Posted by brojohn View Post
    Obviously law enforcement and some judges need to have some authority removed.
    There is no excuse for this incident- and many others like it.

    Make the judge who signed the warrant, and the officers who pulled this stunt liable- all of them.
    How about this:

    No-knock warrants will be permitted if deemed absolutely necessary. however all officers involved will be immediately subject to criminal and civil penalties for home invasion. Successful subsequent prosecution of any persons arrested will serve as an affirmative defense.
    "Failure requires maximum effort. If you didn't give it 100%, you didn't fail...you quit."
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    Quote Originally Posted by Ralph_Kirk View Post
    How about this:

    No-knock warrants will be permitted if deemed absolutely necessary. however all officers involved will be immediately subject to criminal and civil penalties for home invasion. Successful subsequent prosecution of any persons arrested will serve as an affirmative defense.
    That'll never fly. It makes way too much sense and we just can't have any of that.
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    Quote Originally Posted by Ralph_Kirk View Post
    How about this:

    No-knock warrants will be permitted if deemed absolutely necessary. however all officers involved will be immediately subject to criminal and civil penalties for home invasion. Successful subsequent prosecution of any persons arrested will serve as an affirmative defense.
    Sounds like an incentive to make sure a prosecution sticks, whether legit or not.
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    That’s one bad situation to be in. There was a case like that in my county a few years ago. Cops went to wrong address looking for a fugitive. The busted through the door and were confronted by the owner holding a pistol. The cops opened fire killing the home owner who never got off a shot. I suspect that the county paid dearly. Regardless, it is a tough situation for the occupants when under sudden attack in the wee hours. I’ll you try to defend, you will be severely outnumbered and likely killed. I fail to see how No-knock warrants are legal. It’s a home invasion!

 

 
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