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My brother was involved in a "wrong address" raid where the search warrant clearly stated an address across the street. The focus of the search had sent them across the street to the "right house"...

They broke the door in knowing the address on the warrant did not match the broken door...

I can see where someone doing absolutely nothing wrong could find himself in a position where he had to shoot. Were cops infallible it would not be so...


Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.

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Originally Posted by curdog4570
Originally Posted by Jim in Idaho
Texas Ranger Andres de la Garza wrote, "By Magee's own admission he heard and observed the entry made by the SWAT team."


That statement is ambiguous and doesn't say that Magee knew they were a SWAT team. It is a quote from the Ranger who is identifying the people as a SWAT team.

Mostly I wouldn't try to judge this case based solely on the information in that article as it does not give enough details to provide a clear picture. The details of what happened and when will come out in the trial. (maybe).


The most important bit of info in the news article is that Dick DeGuerin is representing him. He is one of the top trial lawyers in Texas..... which means one of the tops in the country.

The family evidently convinced him the cops are in the wrong in this deal. It ain't likely they can afford his fee, and he don't take pro bono cases that are un-winnable.


After he wins this in court, he will also represent him in the Civil Case against the PD. Don't worry, the Lawyer will get his payday.


You didn't use logic or reason to get into this opinion, I cannot use logic or reason to get you out of it.

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Originally Posted by Bigbuck215
"Don't answer the door, tell them you are calling 911 to verify they their is a unit at your address serving a warrant. Instead of undertaking an active search for an intruder, take a defensive position inside your home, ypu have the tactical advantage of knowing your home's layout, why give that advantage up to find an individual who may lye in wait in the shadows for you to find him. Make him come to uou, use cover and again make contact with 911 and give them your name, address, and tell them that you are armed. Confirm that they infact are LE at your residence.

Unless you are a dope dealing felon in possession of firearms."




Following your advice would cost me time that I can't afford to loose in a situation such as this. Trailer house doors are not all that hard to bust open and there just are not many good hiding places in the ones I have been in. I would have to choose to defend myself. My life is on the line.

Unless you are a dope dealing felon in possession of firearms

Then what should I do?






Your bedroom is next to your front door?

Or you just admitted that john q public knows the layout of your house better than you





The government plans these shootings by targeting kids from kindergarten that the government thinks they can control with drugs until the appropriate time--DerbyDude


Whatever. Tell the oompa loompa's hey for me. [/quote]. LtPPowell


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Originally Posted by Mathsr
Quote
Don't answer the door, tell them you are calling 911 to verify they their is a unit at your address serving a warrant. Instead of undertaking an active search for an intruder, take a defensive position inside your home, ypu have the tactical advantage of knowing your home's layout, why give that advantage up to find an individual who may lye in wait in the shadows for you to find him. Make him come to uou, use cover and again make contact with 911 and give them your name, address, and tell them that you are armed. Confirm that they infact are LE at your residence.


A modified version of this worked well for me. Years ago, I was up studying late and got a knock on the door. The front door to the apartment was about 3 inches thick and solid oak. I went to the door and opened it a crack to see who was there. (not the smartest thing to do, looking back, but I wasn't doing anything wrong, and had no reason to expect what happened next.) A plain clothes officer (according to him, I never saw a badge, marked car, lights or anything that identified them as LEO's) asked to see a Mr. Nessmith. I told him there was nobody there by that name. He hit the door with his shoulder before I could blink, trying to break in. I had my tennis shoe blocking the door from opening any further and the guy bounced off the door and back into his partner.

At the time I remember thinking Mean Joe Green couldn't have forced that door open with a 10 yard running start. I shut the door, dead bolted it, went to the phone and called the police. The two guys drove around to the back and started trying to break in my bedroom window. I had the lights out and was standing in the hall watching them. I told the police who I was, my address and asked the police if they had an officer named whatever. If they did, they might want to call him off. I told them that whoever he was, he was trying to break into my apartment window and if he succeeded in getting inside, they were going to lose him. It didn't take but a second for his radio to start blaring and somebody called him off. I figured I would be getting a visit later that night or the next day about the incident, but I never heard a word about it.

Having a solid front door, a secure place to retreat to and a phone in that location allowed me the option to deal with a situation, that was going wrong in a hurry, in a manner that kept everybody safe. Quick action on the part of the police department in calling off their officers was a big plus too. I didn't need any more coffee to stay awake while I finished studying that night.



If they didn't come back, I doubt it was the police. Sounds like a bad guy with a police radio.


You didn't use logic or reason to get into this opinion, I cannot use logic or reason to get you out of it.

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Pseudo cop raids are fairly common.





Travis


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
IC B2

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Originally Posted by Lucky_Savage
Pot plants, effing pot plants?? Explosions, and no knock warrant? Seems a little extreme to me. And how were the officers briefed before they tried to serve the warrant? If they were looking for illegal weapons, and the inhabitant was a convicted felon, don't you think they would have been a little more careful about their entry?
They found out the hard way that they can't continue to trample people's rights, and deservedly so. Sorry about the dead officer, but I saw this coming a long time ago, and mentioned to my wife that it would take a few dead cops before they review their arrest techniques.
Is it just me, or do a majority of the posters agree that this time, the cops were on the wrong side of the law? Seems like it's leaning that way.



With the limited information we have, yes, it appears they were wrong all the way around. An inflated warrant based on weak evidence from a locked up informant looking for a deal.

A no knock warrant that was blown. They blew the element of surprise, mis-deployed their flashbangs, and didn't announce they were police while entering a small confined space with multiple kill zones (trailers and long hallways) knowing it may contain a commodity of value to rip off teams, who at 2 am could looks just like they do.

To me, it looks like an over zealous, under trained group of wanna-be's got one of their own killed over 2 pot plants.

For those of you who missed it, LT had the correct answer. Containing the guy at a traffic stop and then searching his place might not be as much "fun", but in all probability it would of saved this young fathers life.


You didn't use logic or reason to get into this opinion, I cannot use logic or reason to get you out of it.

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I figured if it was bad guys looking for somebody that maybe used to live there, the real cops I was talking to on the phone would have showed up to see what was going on. They never did. So to me, they knew it was their guys, probably knocking on the wrong door. Either way, it turned out good for me and whoever was breaking into my bedroom window. A few more minutes and it could have been really bad for everybody.

Tragic when these things go wrong and it only takes one mistake and a few seconds for it to happen.

Last edited by Mathsr; 12/26/13.

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Originally Posted by Bigbuck215
Originally Posted by Mannlicher
Originally Posted by jimmyp
this is all a mystery to me, if someone breaks my door down at 2AM and yells POLICE am I supposed to believe them? I have heard of home invaders using this same tactic here in GA.

no, you are supposed to find the time to call a time out, and call down town, (knowing in advance which agency is involved, that someone will answer the phone, and you have the number of the extension for the person who will quickly, and honestly answer your inquiry), and ask if the folks now waiting patiently on the other side of your door, are actually cops serving a no knock warrant, or are they another breed or miscreant.
Very good answer!
Yes it was. "Another breed of miscreant," indeed.

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Originally Posted by tjm10025

Pat:

Based on what you know right now; convicted felon in possession of a firearm, shoots a leo in the performance of his duties �

How could he be charged in Texas, do you reckon?


If a jury believes he knew they were cops...he'll fry.

The felon in possession charge will be Federal, and is almost never prosecuted unless the conviction is for a "violent" felony offense.


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Originally Posted by Sitka deer
My brother was involved in a "wrong address" raid where the search warrant clearly stated an address across the street. The focus of the search had sent them across the street to the "right house"...

They broke the door in knowing the address on the warrant did not match the broken door...

I can see where someone doing absolutely nothing wrong could find himself in a position where he had to shoot. Were cops infallible it would not be so...
Supposedly this warrant involved stolen guns. A stock is a big component of a gun.

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Originally Posted by antelope_sniper

If they didn't come back, I doubt it was the police. Sounds like a bad guy with a police radio.
You say that as though "police" and "bad guy" are mutually incompatible ideas.

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Originally Posted by gitem_12
Originally Posted by Bigbuck215
"Don't answer the door, tell them you are calling 911 to verify they their is a unit at your address serving a warrant. Instead of undertaking an active search for an intruder, take a defensive position inside your home, ypu have the tactical advantage of knowing your home's layout, why give that advantage up to find an individual who may lye in wait in the shadows for you to find him. Make him come to uou, use cover and again make contact with 911 and give them your name, address, and tell them that you are armed. Confirm that they infact are LE at your residence.

Unless you are a dope dealing felon in possession of firearms."




Following your advice would cost me time that I can't afford to loose in a situation such as this. Trailer house doors are not all that hard to bust open and there just are not many good hiding places in the ones I have been in. I would have to choose to defend myself. My life is on the line.

Unless you are a dope dealing felon in possession of firearms

Then what should I do?






Your bedroom is next to your front door?

Or you just admitted that john q public knows the layout of your house better than you





What?? Bedroom door??? I have no idea of what you are referring to. Do you?


The Mayans had it right. If you�re going to predict the future, it�s best to aim far beyond your life expectancy, lest you wind up red-faced in a bunker overstocked with Spam and ammo.


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Originally Posted by The_Real_Hawkeye
Originally Posted by antelope_sniper

If they didn't come back, I doubt it was the police. Sounds like a bad guy with a police radio.
You say that as though "police" and "bad guy" are mutually incompatible ideas.


"Police" and "bad guy". Until recently, they were different groups. Now, not so much....

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Don't worry boys. You're a lot scarier than we are.


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Originally Posted by Mathsr
Quote
Don't answer the door, tell them you are calling 911 to verify they their is a unit at your address serving a warrant. Instead of undertaking an active search for an intruder, take a defensive position inside your home, ypu have the tactical advantage of knowing your home's layout, why give that advantage up to find an individual who may lye in wait in the shadows for you to find him. Make him come to uou, use cover and again make contact with 911 and give them your name, address, and tell them that you are armed. Confirm that they infact are LE at your residence.


A modified version of this worked well for me. Years ago, I was up studying late and got a knock on the door. The front door to the apartment was about 3 inches thick and solid oak. I went to the door and opened it a crack to see who was there. (not the smartest thing to do, looking back, but I wasn't doing anything wrong, and had no reason to expect what happened next.) A plain clothes officer (according to him, I never saw a badge, marked car, lights or anything that identified them as LEO's) asked to see a Mr. Nessmith. I told him there was nobody there by that name. He hit the door with his shoulder before I could blink, trying to break in. I had my tennis shoe blocking the door from opening any further and the guy bounced off the door and back into his partner.

At the time I remember thinking Mean Joe Green couldn't have forced that door open with a 10 yard running start. I shut the door, dead bolted it, went to the phone and called the police. The two guys drove around to the back and started trying to break in my bedroom window. I had the lights out and was standing in the hall watching them. I told the police who I was, my address and asked the police if they had an officer named whatever. If they did, they might want to call him off. I told them that whoever he was, he was trying to break into my apartment window and if he succeeded in getting inside, they were going to lose him. It didn't take but a second for his radio to start blaring and somebody called him off. I figured I would be getting a visit later that night or the next day about the incident, but I never heard a word about it.

Having a solid front door, a secure place to retreat to and a phone in that location allowed me the option to deal with a situation, that was going wrong in a hurry, in a manner that kept everybody safe. Quick action on the part of the police department in calling off their officers was a big plus too. I didn't need any more coffee to stay awake while I finished studying that night.



Holy crap!! That's a heck of a deal there. Glad you didn't have to shoot anyone. I'm not a lawbreaker and pray that no one - NO ONE - ever attempts to enter my private property unannounced and uninvited.

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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.


Yeah, they had the backing of a bureaucratic decision, no violation of constitutional rights...


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Originally Posted by ltppowell
Don't worry boys. You're a lot scarier than we are.


I do worry because cops have the unconstitutional right to break into my house and I'm not suppose to defend myself. Nobody else has that right.


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Originally Posted by ltppowell
Don't worry boys. You're a lot scarier than we are.


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Originally Posted by ltppowell
Don't worry boys. You're a lot scarier than we are.


So it's legal for citizens to bust into cops homes in the middle of the night?
How many times has that happened?


The Mayans had it right. If you�re going to predict the future, it�s best to aim far beyond your life expectancy, lest you wind up red-faced in a bunker overstocked with Spam and ammo.


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Originally Posted by jimmyp
Originally Posted by EvilTwin
Cavalier attitude??? I have NEVER seen or heard (here) of any warrant being issued based on the statement of an informant alone. Once a Search or arrest warrant has been issued, they are BOTH for the SEIZURE of items and/or person(s) named in the warrant. That complies with 4th Amendment specs. Resisting that search and seizure is not within anyone's rights. Not mine, not yours. This guy is toast.

Wrong dude. The red dog squad killed an 80 year old woman in a wheel chair in Atlanta a few years back with a no knock warrent issued on an informants word. Several went to jail but the lady is dead.


Then you best look to see the difference in State statutes and Criminal Procedure Law. CPL here is a pretty tight leash. Oh, I DID say "here" unless you overlooked it.


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