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First, they didn't execute a no knock, no announcement warrant becuase of the drugs or the stolen guns. They executed it because he HAD a gun, as well as a supposedly ferocious dog. To show why that's critical, here is the fourth amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Sowders applied for the search warrant after consulting with the district attorney's office, according to the original affidavit, which included a request from Sowders to enter the home "without first knocking and announcing the presence and purpose of officers."
reply to post by projectvxn
The you better hope you're not residing in Texas, brother. You can't shoot cops in self-defense there.
I can't believe this issue is not being immediately addressed by the SCOTUS. One declaration from them and this BS power ends for DAs all the way down the pike.
I agree and you're among the first to look at where this starts for the problem.
After all, NO individual officer in his right mind and sanity WANTS to be first through a strange door, with no announcement and a criminal who they can reasonably expect will respond very very badly to thinking he's being hit by a rival dealer, home invader or some other violent crime. Heck..the cops through the door likely know and can never forget ..THEY would fire on 'them' if on the other side and taken by total surprise.
There was a case in (I believe) Ohio where a perp likewise had weapons and apparently was also ready to use them. Rather than storming their way in like the marines on Iwo Jima liek these guys did, the police sent one single solitary police officer to knock on the door and tell the suspect that his car was severely damaged in a hit and run and asked him to come out and identify the damage. The suspect immediately panicked over his car being damaged and ran out to investigate, where he was immediately ambushed by hidden police officers. No shots were fired, no forced entry at 6:00 AM, none of that.
See the difference?
reply to post by GoodOlDave
Two words..... Kevlar vest
Or did they think there were no guns in the residence .
Section 13A-6-2 - Murder.
- A person commits the crime of murder if he or she does any of the following:
- With intent to cause the death of another person, he or she causes the death of that person or of another person.
- Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person.