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Joined: Jun 2004
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Campfire 'Bwana
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OP
Campfire 'Bwana
Joined: Jun 2004
Posts: 34,283 Likes: 4 |
No Knock-No Announce warrant gets Deputy Sheriff killed. The defense attorney for a man charged with the capital murder of a Burleson County Sheriff's Deputy claims the shooting was in self dense. 28-year-old Henry Magee was arrested last week, accused of opening fire on deputies who were executing a search warrant at his mobile home in Burleson County. News 3 spoke with Defense Attorney Dick DeGuerin about what his client claims happened. Now we know what they were looking for. Henry Magee's attorney says the eight Burleson County Sheriff's Deputies were serving a search warrant for drugs without warning and says his client thought he was shooting a robber breaking in. Questions still linger on how 31-year-old Deputy Sergeant Investigator Adam Sowders was shot. http://www.kbtx.com/home/headlines/Update-on-the-Sowders-Investigation-237038691.htmlhttp://www.theeagle.com/news/local/article_549b0586-cefc-53a2-bd34-80a8f07816b4.html
Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
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Joined: Jan 2007
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Campfire Outfitter
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Campfire Outfitter
Joined: Jan 2007
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drug warrant the man was probably a sum bag anyway , but what if the deputies had the wrong house an an innocent person shot a deputy thinking it was a robbery ? Now that would be um interesting to say the least
Last edited by ldholton; 12/25/13.
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Joined: Jul 2007
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Campfire Outfitter
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Campfire Outfitter
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Why would they not announce? Not like you can hide in a mobile home.
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Joined: Mar 2011
Posts: 33,856
Campfire 'Bwana
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Campfire 'Bwana
Joined: Mar 2011
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Some are prepared to flush drugs at a moments notice.
The tree of liberty must be refreshed from time to time by the blood of patriots and tyrants.
If being stupid allows me to believe in Him, I'd wish to be a retard. Eisenhower and G Washington should be good company.
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Joined: Jun 2002
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Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,775 Likes: 21 |
Some are prepared to flush drugs at a moments notice. So what. That should be a clue that it's inappropriate subject matter for making criminal, not that cops need the power to violate folks' constitutional rights.
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Joined: Sep 2005
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Campfire Regular
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Campfire Regular
Joined: Sep 2005
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Some are prepared to flush drugs at a moments notice. So what. That should be a clue that it's inappropriate subject matter for making criminal, not that cops need the power to violate folks' constitutional rights. The police had a signed warrant for the residence. No violation of the residents constitutional rights. The courts allow no knocks under certain circumstances. I agree that that procedure makes the entry risky for all parties involved, but your position that the mans 4a rights were violated has no standing.
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Joined: Oct 2009
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Campfire Outfitter
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Campfire Outfitter
Joined: Oct 2009
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I think that anywhere that there is some type of castle domain law that announcement of some sort is more appropriate , Is a drug charge more important than a LIFE,
NOT
There is not enough darkness in all the world to put out the light of even one small candle----Robert Alden . If it wern't entertaining, I wouldn't keep coming back.------the BigSky
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Joined: Mar 2006
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Campfire Ranger
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Campfire Ranger
Joined: Mar 2006
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I think that anywhere that there is some type of castle domain law that announcement of some sort is more appropriate , Is a drug charge more important than a LIFE,
NOT This. Since when did catching a "suspect" (remember, we're all supposed to be innocent until proven guilty) red-handed trump human life. If the suspected quantity is small enough to be gotten rid of that easily, is it worth risking a life in a no-knock raid?
4 out of 5 Great Lakes prefer Michigan.
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Joined: Oct 2008
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Campfire Regular
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Campfire Regular
Joined: Oct 2008
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I don't see how they could win, but never am surprised by how crazy some folks are. What stops burglars/robbers from yelling "police, search warrant," when they enter. If you came into my house and I didn't see lights flashing outside, there would be guns pointed at you and shots fired if I didn't see a badge in that split second. Never a good time when an officer is killed, but I don't think I could convict on what I've read. There is always more to the story.
Keep Smiling
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Joined: Jun 2002
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Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,775 Likes: 21 |
Some are prepared to flush drugs at a moments notice. So what. That should be a clue that it's inappropriate subject matter for making criminal, not that cops need the power to violate folks' constitutional rights. The police had a signed warrant for the residence. No violation of the residents constitutional rights. The courts allow no knocks under certain circumstances. I agree that that procedure makes the entry risky for all parties involved, but your position that the mans 4a rights were violated has no standing. All that tells us is that the Supreme Court is complicit in the violation of Constitutional rights, and that they too stand under judgement by the very same Constitution.
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Joined: Jan 2006
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Campfire Kahuna
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Campfire Kahuna
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drug warrant the man was probably a sum bag anyway , but what if the deputies had the wrong house an an innocent person shot a deputy thinking it was a robbery ? Now that would be um interesting to say the least If they were at a house not listed on the warrant, then they didn't have a search warrant. Self defense would be entirely appropriate.
“In a time of deceit telling the truth is a revolutionary act.” ― George Orwell
It's not over when you lose. It's over when you quit.
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Joined: Feb 2002
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Feb 2002
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Maybe this Sheriff Dept will announce their presents the next time they serve a search warrant for drugs at a trailer. This war on drugs as gotten more people dead than the drugs themself .
A Doe walks out of the woods today and says, that is the last time I'm going to do that for Two Bucks.
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Joined: Dec 2007
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Campfire Ranger
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Campfire Ranger
Joined: Dec 2007
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He may get convicted for drugs, but he shouldn't be convicted for shooting the cop.
No knocks are a bad idea in all but a very few cases.
“Life is life and fun is fun, but it's all so quiet when the goldfish die.”
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Joined: May 2006
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Campfire Tracker
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Campfire Tracker
Joined: May 2006
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I guess a few more facts would be helpful. Damn shame people died over a few marijuana plants and seeds? Was there anything else?
Why do such a high risk break down for weed? Grab the guy out in his yard, at work, driving...whatever.
Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny. Thomas Jefferson
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Campfire Sage
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Campfire Sage
Joined: Jun 2002
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I don't see how they could win, but never am surprised by how crazy some folks are. What stops burglars/robbers from yelling "police, search warrant," when they enter. If you came into my house and I didn't see lights flashing outside, there would be guns pointed at you and shots fired if I didn't see a badge in that split second. Never a good time when an officer is killed, but I don't think I could convict on what I've read. There is always more to the story. Which is precisely the idea behind the framers requiring a warrant, which is a right belonging to the suspect. That means forced entry constitutes a rights violation unless there's a legitimate opportunity to inspect said warrant prior to the cops' power to enter being activated, i.e., because otherwise absent that the homeowner possesses the right to repel with whatever force is necessary, which predictably results in death on one side or the other.
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Joined: Jan 2007
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Campfire Outfitter
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Campfire Outfitter
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drug warrant the man was probably a sum bag anyway , but what if the deputies had the wrong house an an innocent person shot a deputy thinking it was a robbery ? Now that would be um interesting to say the least If they were at a house not listed on the warrant, then they didn't have a search warrant. Self defense would be entirely appropriate. ok agreed lets me ask this a different way what if a warrant was issued to wrong house or nothing wasa found in house that warrant was issued to ??
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Joined: Nov 2003
Posts: 67,756 Likes: 5
Campfire Kahuna
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Campfire Kahuna
Joined: Nov 2003
Posts: 67,756 Likes: 5 |
just wait until they are knocking at the door to confiscate your suddenly illegal 30 round magazines. Hate to read about anyone, cops or the alleged criminal getting killed, but this sort of stuff was bound to happen, and will happen more and more in the future. Cops feel like they just gotta knock down doors, and half the Country is armed now.
Sam......
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Joined: Feb 2002
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Feb 2002
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Someone who breaks into your home in the middle of the night, Cop or not deserves to be shot.
A Doe walks out of the woods today and says, that is the last time I'm going to do that for Two Bucks.
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Campfire Outfitter
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Campfire Outfitter
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Someone who breaks into your home in the middle of the night, Cop or not deserves to be shot. I could not agree more strongly. TRH makes an excellent point about the homeowner's rights being violated unless he is allowed to see the warrant first.
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Joined: Dec 2007
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Campfire Outfitter
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Campfire Outfitter
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Why do such a high risk break down for weed?
For the fear and intimidation factor. Till they run in to some one that doesn't intimidate to easy then you have dead bodies.
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