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Thread: Court: No right to resist illegal cop entry into home

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Mason66 View Post
    How do you prove, as the home owner, that he didn't hear a scream, even though you know he is making it up?
    ya, unless you somehow got it on tape you can't. Like that line in training day : "It's not what you know, it's what you can prove."

    That's why if someone breaks into your house you shoot them down and then shoot a hole in the ceiling, when the cops show up you tell them warning shot in the ceiling then shooting the criminal.
    Last edited by BmanMcfly; 05-23-11 at 03:28 PM.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by BmanMcfly View Post
    ya, unless you somehow got it on tape you can't. Like that line in training day : "It's not what you know, it's what you can prove."
    Which is why some jurisdictions are passing laws prohibiting recording your encounters with law enforcement.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Goshin View Post
    I don't know of a case offhand where a wrongly-targeted homeowner has shot it out with a police team, mistakenly thinking they were criminals, but it could happen and it is a nightmarish scenario. If it is a case of the cops being at the wrong house, the homeowner (if he survives) should certainly be protected from criminal charges for defending his home against an illegitimate police entry that should never have happened. He or his heirs should be able to seek substantial recompense.
    It happened fairly recently in Atlanta. Undercover (plainsclothes) police stormed the house of a 92 year old woman, cutting the bars on her door and breaking it down under a "no-knock" warrant. She was living alone in a bad part of town. She fired a single shot (missing) and was killed when police returned fire.

    As it turned out, the raid was illegal. The warrant was obtained using falsified information. The nice officers even went so far as to plant drugs on the premises when it became clear they seriously screwed up. Needless to say, they're all in jail, as they should be.

    Of course she never knew any of that. She probably heard what she thought were burglars cutting the bars on her door, and she fired that single bullet after the door came down and about the same time a bunch of guys yelled "police!"

    I don't care what the law says, the woman had every right to take that shot. If she had lived, and I were sitting on a jury, I would simply ignore a "no right to resist" law.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Viktyr Korimir View Post
    Which is why some jurisdictions are passing laws prohibiting recording your encounters with law enforcement.
    Naturally... corruption protects the corrupt.

    Remember that BART shooting? Where the cop "thought" he was pulling out his taser, shot the man through the back killing him... they claimed the surveillance cameras were shut off, and even confiscated people's cell phones, EXCEPT FOR a man who was on a train that filmed the entire event.

    What did that cop get for murder???

    I think it was 5 years or less.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Taylor View Post
    It happened fairly recently in Atlanta. Undercover (plainsclothes) police stormed the house of a 92 year old woman, cutting the bars on her door and breaking it down under a "no-knock" warrant. She was living alone in a bad part of town. She fired a single shot (missing) and was killed when police returned fire.

    As it turned out, the raid was illegal. The warrant was obtained using falsified information. The nice officers even went so far as to plant drugs on the premises when it became clear they seriously screwed up. Needless to say, they're all in jail, as they should be.

    Of course she never knew any of that. She probably heard what she thought were burglars cutting the bars on her door, and she fired that single bullet after the door came down and about the same time a bunch of guys yelled "police!"

    I don't care what the law says, the woman had every right to take that shot. If she had lived, and I were sitting on a jury, I would simply ignore a "no right to resist" law.
    Cops never do anything wrong. They're here for your protection. Move along.
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    Re: Court: No right to resist illegal cop entry into home

    Thugs with badges outnumber the men who take their police work seriously, and yes, guess what? The Mayor most certainly gets to use the Mayor's own mind to determine if the damn thug with badge is being a dickwad or not.
    Oh no you don't. You do not determine that. Your comments are actually very unsettling and frightening, to be quite honest. Your total lack of respect for the men and women who work every day to keep you and your ungrateful self safe is absolutely appalling.

    By the way, let me tell you, when police have a reason to go into your home, they have a damn good reason. You will comply, or you will be subdued. Whether that's with a glock or a baton is all up to you. You don't have any authority over the police. If you think it's illegal, you don't make that call. You argue that in a court of law, and if the police did not conduct their duties properly, they will be reprimanded, and your case will be thrown out. That's how justice works. Justice is not you shooting a cop because YOU think they shouldn't be in your house.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Gargantuan View Post
    Oh no you don't. You do not determine that. Your comments are actually very unsettling and frightening, to be quite honest. Your total lack of respect for the men and women who work every day to keep you and your ungrateful self safe is absolutely appalling.

    By the way, let me tell you, when police have a reason to go into your home, they have a damn good reason. You will comply, or you will be subdued. Whether that's with a glock or a baton is all up to you. You don't have any authority over the police. If you think it's illegal, you don't make that call. You argue that in a court of law, and if the police did not conduct their duties properly, they will be reprimanded, and your case will be thrown out. That's how justice works. Justice is not you shooting a cop because YOU think they shouldn't be in your house.
    In case you missed it, but for the past 153 years the courts have repeatedly ruled that it's not the job of law enforcement to keep you safe. They have ruled that it is your personal responsibility to do so. They have ruled that law enforcement's job is to keep the peace, investigate crimes, and to generally enforce the law. Due to police officers swearing an oath of office to the Constitution of the United States they are duty bound to ignore unjust laws. Do you ignore unjust laws that are repugnant to the Constitution?

    The final thing I have to say is that the people have the final say on all power delegated to the government. They determine what is a just law and what is Constitutional. The people in office do not have that authority due to their oaths of office.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by The_Patriot View Post
    In case you missed it, but for the past 153 years the courts have repeatedly ruled that it's not the job of law enforcement to keep you safe. They have ruled that it is your personal responsibility to do so. They have ruled that law enforcement's job is to keep the peace, investigate crimes, and to generally enforce the law. Due to police officers swearing an oath of office to the Constitution of the United States they are duty bound to ignore unjust laws. Do you ignore unjust laws that are repugnant to the Constitution?
    Who's job is it to determine whether or not a law is against the constitution? The big three thats who. The legislative, executive, and judicial branches. Which includes those branches of either state or federal government or both. Just because YOU (the individual) think that something is constitutional, while not being well versed in constitutional law doesn't mean you do what the hell you want to.
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Taylor View Post
    It happened fairly recently in Atlanta. Undercover (plainsclothes) police stormed the house of a 92 year old woman, cutting the bars on her door and breaking it down under a "no-knock" warrant. She was living alone in a bad part of town. She fired a single shot (missing) and was killed when police returned fire.

    As it turned out, the raid was illegal. The warrant was obtained using falsified information. The nice officers even went so far as to plant drugs on the premises when it became clear they seriously screwed up. Needless to say, they're all in jail, as they should be.

    Of course she never knew any of that. She probably heard what she thought were burglars cutting the bars on her door, and she fired that single bullet after the door came down and about the same time a bunch of guys yelled "police!"

    I don't care what the law says, the woman had every right to take that shot. If she had lived, and I were sitting on a jury, I would simply ignore a "no right to resist" law.
    You have a link for this story? I'd like to read it...You have my attention.
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by BmanMcfly View Post
    ya, unless you somehow got it on tape you can't. Like that line in training day : "It's not what you know, it's what you can prove."

    That's why if someone breaks into your house you shoot them down and then shoot a hole in the ceiling, when the cops show up you tell them warning shot in the ceiling then shooting the criminal.
    Ahh, the classic use of movie (fictional) scenarios to argue topics of reality.....
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

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