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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.html

http://www.theeagle.com/news/local/article_549b0586-cefc-53a2-bd34-80a8f07816b4.html


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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

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Why would they not announce? Not like you can hide in a mobile home.

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Some are prepared to flush drugs at a moments notice.


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Originally Posted by eyeball
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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Originally Posted by The_Real_Hawkeye
Originally Posted by eyeball
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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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


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Originally Posted by norm99
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?


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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.


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Originally Posted by wadevb1
Originally Posted by The_Real_Hawkeye
Originally Posted by eyeball
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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Originally Posted by ldholton
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.


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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 .


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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.


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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.


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Originally Posted by JonS
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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Originally Posted by Rock Chuck
Originally Posted by ldholton
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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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.


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Someone who breaks into your home in the middle of the night, Cop or not deserves to be shot.


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Originally Posted by bea175
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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Originally Posted by Harry M

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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