Man kills police officer during no knock search warrant, believing it was a home intrusion

reply to post by Evanzsayz


he will be a marked man now if he is ever free .

but what did they expect kicking in a door of a felon with a gun

reply to post by signalfire

Texas, you're insane. Some idiot cop is dead because of your idiot drug laws; way to go.

Glad to know Texas is the only state with idiot drug laws.

reply to post by seabag

Put me on the jury and I will acquit him...One thing we know from history...The homeowner was going to die or the cop was going to die, and it's almost always the homeowner...Sometimes it's the neighbor instead...I'd still like to think a person is innocent until proven guilty, right to a trial and all that obsolete stuff...

Good for the citizen, a police state Nazi thug attempted to oppress a citizen of this great nation and in accordance with his constitutional rights has killed a thug.
Maybe the next thug will think twice before attempting to usurp a free mans rights.
Good shoot imo.

reply to post by GoodOlDave

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."

I don't see where probable cause for a no knock search was warranted...They would have had the intent to immediately kill the dog since he was already accused of being ferocious...Had the owner been in the bedroom, this would have prompted him to go for a gun just hearing the gunshots from strangers and the cops aren't going to sit there and wait to see if the guy coming out of the bedroom is armed or not armed...

They could have apprehended the guy, alive, outside of the home...If we have all of the information, I believe the judge failed and the police failed...

Police officer committed suicide by a free citizen is all I see here.

...yeah, you don't like it when the tables are turned, huh?

2nd.

Loss of life is horrible.

Loss of the right to live as you want to when you're hurting no one is worse.

I know someone who shot an undercover police officer... by accident... sorta. The cop was chasing a drug suspect through my friend's yard at 4 in the a.m. He woke up, heard a crash, grabbed his shotgun, went outside to have an armed guy in black running at him at full speed. He shot him.

He got off with no charges and the cop died. That was a few decades ago... I doubt it would end up the same way now (in fact he'd likely go down in a hail of bullets). Horrible all around and my friend had to live with the guilt... in fact he couldn't and died of cancer at 36.

Having the police at war with people who don't like drinking or prescription drugs is insane. Let the police deal with thieves and bullies like they're supposed to and keep private property private.

Stupid cop got what he deserved.
You Bash in some ones door.
and DONT Say Any thing?????

when you are making a LOT of noise
Then you can say "Pigs!"
oh! I mean "Police" stupid idiots.

it is like some one Wants the police to get killed?
If they knew he had a gun.
I would say its be course you have to register it.
and That would be why they smash't their way in!

reply to post by buddha


I'm not trying to argue in favor of no knock warrants by any means but reading the Article goes a long way towards a better argument. This guy had a previous felony therefore it is a violation of federal law to possess a firearm which in turn means whatever weapon he used was illegal and an additional felony. They didnt get this information from the NICS registry it came from an investigator who either embellished his report to the DA or was completely inept at his job. More likely both because now they've got a dead cop who's blood is on their hand while trying to pin it entirely on the subject of the warrant. I hope he gets off on the Capitol murder charge and the cops family sues the DA as well as the judge who signed the warrant.

reply to post by buddha


Right, think about it, breaking the law or not, you are in your comfort zone, the last outpost of your privacy that you soley control access to, any bump or sound that is not familiar to me in my own home, I am locked and loaded and God Forbid that my door comes crashing in, there are home invasions that happen around here all the time, the next thing I have in mind is shoot it if it is threatening....no matter what or who it is.

I am sure that the police knew that coffee and doughnuts were not going to be greeting them.

Tragic story all the way around, my condolences to the family.

One thing though that I have noticed that hasn't really been brought up was this little quote from the article:

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."

Apparently the officer killed was also the officer who requested the "no knock/no announcement" warrant.

One question I have, is from a law enforcement point-of-view, what is the benefit of not announcing yourself/not knocking when raiding someones house?

Off the top of my head I can think of probably at least a dozens reasons why not announcing yourself would lead to a negative, if not fatal outcome (this story being one of them) but as much as I search, I cannot honestly think of any benefit whatsoever of a no announcement entry. None.

Also, after reading through some of the comments, apparently Texas (where this story took place) has a law the prevents a citizen, no matter the circumstances from ever lawfully defending themselves from a LEO. I haven't vetted this law, so if I'm wrong or it doesn't exist, please correct me. I also imagine that this law also exists in many other states as well.

In regards to this law though, I would really like a thorough explanation, preferably from a LEO, on how a citizen is to respond to a raid such as this. We have seen many times that the police get the wrong address, or the home they are raiding only has 1 person of interest, but several people residing at the house in question, bad intel, etc.

Since the natural human reaction (fight or flight) would be considered illegal, what would be an acceptable reaction be to several armed, armored "people" raiding your house?

More importantly, what is the benefit of a LEO not announcing that he is in fact a LEO, in a raid?

One last question. I am not sure, but I was under the impression that in order to become, and continue to be a LEO, a certain level of physical fitness is not only expected, but mandatory.

Photo of Adam Sowders

I am not attacking this mans character, but simply asking that if certain levels of fitness are required, why do most departments not enforce them?

GoodOlDave

Wrabbit2000

Snarl
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?

They can also wait until he goes out to the supermarket or gas station.

reply to post by GoodOlDave


I was on a swat team for some time and even when we did the rare no knock warrant we still shouting police warrant when we made entry. I havent read the above article im kind of curious why they wouldnt announce themselves at all. When you do a no knock warrant..once the first flash bang goes off its not like yelling "police" is gonna wake anyone up. EVery member would shout "police, search warrant" as we made entry into the residence.

What was the difference of no knock and knock warrant? Well for us we had a risk assesment page that went up to about 150points. I think we needed about 30 points for someone to be high risk. Being a prior felon with a violent crime and having a firearm im 100% would have been over our minimum level to do a no knock warrant. But with that said we would sometimes sitll do a knock a warrant anyway. Really depended on the person.

reply to post by GuidedKill


Why is really ever necessary to do armed forced entry ?
Think about it whatever they are after someone for ,...They know where they live ,...they have more people than you ,...& maybe they even have the place surrounded ,...
People wont stay in their place forever especially if they dont know they are wanted ,..SO just wait until he goes to get groceries & pick him up for questioning there & get a warrant to search the place , & wait until each person leaves & nab them when they are on the way out somewhere ,.., or how about this try a phone call .....many people would talk to the police & want get whatever the issue is sorted out peacefully ,...but one thing is for sure busting down doors with guns drawn is sure a good way to get people killed when it doesnt need to be that way

reply to post by seabag


Wouldn't you agree that assigning a couple of officers to monitor the residence and wait for the person to leave would be a much better option?

If they leave by car, all you have to do is pull them over and arrest them. A small amount of questioning could determine if anyone else is in the home, and more than likely they could obtain the keys to the home and can walk their way in without force.

Not saying you are agreeing to forced entries, but I think the above scenario is quite easy, less stressful, cheaper, and probably wouldn't need a gun.

This whole scenario never should have happened. Why not stake out the guys home, arrest him when he steps outside or goes to the store. Get a warrant to search his home at that point, and simply peacefully resolve the situation.

A no knock invasion against someone whose likely armed over a small amount of drugs is ridiculous, there's better ways to go about things.

eNaR
reply to post by GoodOlDave

 

Two words..... Kevlar vest

Or did they think there were no guns in the residence .

In my hometown, about 20 some odd years ago, a police officer was shot by a homeowner with a .25 pistol during a no-knock raid.

The bullet entered in the officers armpit, an area not protected by his body armor, and lodged in his heart.

The officer died
The shooter was found not guilty of wrong doing during a trial.
no-knock raids ceased after that.

What I found most interesting about the incident was that a 25 caliber pistol killed a vested up, kevlar helmet wearing SWAT style man with only one shot.

Another body to feed the paranoia. Only this time it was the cop who was shot.

No-knock raids are a fact of life; the police need them at times to take down certain individuals who would harm society if left on the loose. However...

Tasers are a major improvement in law enforcement, when used with a modicum of common sense and caution. Without this use of common sense and caution, they become another potentially deadly weapon as well as a source of outrage for the community when granny is tasered in her wheelchair. High-speed pursuit is a necessary component of law enforcement to catch potentially hazardous drivers before they cause death and destruction, but in many cases it is safer for both the police and the community to get the tag, back off, de-escalate, and grab him at home. Again, common sense and caution are the key ingredients.

The same with no-knocks. If the person they are looking for is indeed dangerous to approach and has a history of escaping out back doors or whatever during more traditional raids, then sometimes a no-knock is the only solution. In this case, however, I have seen nothing that tells me this guy was either so dangerous as to be unapproachable using more traditional tactics or was an escape artist on the lam. Instead, this case appears to me to be the result of judicial rubber-stamping. Of course the police are going to spin the evidence they present to make it appear as though they desperately need that warrant; that's their job! The judge's job is to review, consider, and then issue the appropriate warrants or to refuse to issue any if such is the correct call.

The judge did not use common sense nor caution when allowing the use of an extremely dangerous tactic.

The judge is therefore guilty, IMO, of murder of the deputy who died.

I do not blame the deputy. He was doing just as Wrabbit pointed out earlier. He was first through the door, and therefore was the perceived aggressor in what no doubt was thought to be an illegal armed home invasion. I do not blame the shooter. He was protecting his property, his family, and his life against what appeared to be an illegal armed home invasion. I blame whoever decided to go with a no-knock warrant (probably the Sheriff) and the judge who signed off on it. They should be on trial for this death.

According to Alabama law, which I presume is similar to other states, Title 13A,

Section 13A-6-2 - Murder.

1. A person commits the crime of murder if he or she does any of the following:
   1. With intent to cause the death of another person, he or she causes the death of that person or of another person.
      
      
   2. 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.

Source: law.onecle.com...

(A)(2) fits this scenario, and I believe that is considered 2nd-degree here.

The judge and Sheriff both, with prior knowledge that entering a home uninvited and unannounced could lead to conflict, chose to ignore the danger and thereby placed the life of the deputy in harm's way without proper legal cause.

Both should be locked away.

That will help solve the issue. As it stands now, policy-makers have little to no fear of reprisal over their actions. Start enforcing laws on those who have sworn to uphold them, and there will suddenly be common sense and caution exercised to protect themselves. Blame the deputy, and anger will grow between the police and the community, because I promise you, no one in the sheriff's department is blaming the deputy. They know better where the true blame lies.

TheRedneck

ETA: I do see where it has been posted that the dead deputy was the one who requested the no-knock warrant. My bad; I did not realize this when I wrote the above post. If he requested the warrant, I feel much less sympathy for him. His death was the result of his own doing.

I do feel sorry for his family, though.

TheRedneck

reply to post by GoodOlDave


I realize satanists, witches, druids, sorcerers, secret societies, and dark creatures in high and low places that go bump in the night think they are invincible and all but I would stick to the original plan.


YO G......
"SoftKill" the populace with microwave, EMF radiation, chemicals, and lab created diseases. I wouldn't go Nazi John Wayne roundUP style like ya did in Germany with the sheeple.

Lets just say they are more pissed and ruthless than you are at this point. I dont care how many people or resources you have and what kind of powers you may possess.[