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I am glad I have a lonnngggg driveway with dogs that bark at an armadillo scooting across the yard. If someone kicked in my door in the middle of the night, they are going to be shot (at) anyway. Whether I hit them or not would be questionable, as I would be trying to get my wits about me. I guess the best thing is to NOT do anything to put yourself in this situation to start with. Don't sell drugs, kill people, and exhibit overall thug mentality.

So if cops busted in my front door with a No-knock, but had the WRONG address, would I not be justified in defending my family and myself? It does happen.
 

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groats said:
XDMWarrior said:
So if cops busted in my front door with a No-knock, but had the WRONG address, would I not be justified in defending my family and myself? It does happen.
Of course not. You, being honest, are not a member of a protected class - i.e. a criminal.
Tracking with you. You are right. Thanks ACLU.
 

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Is it still 'lawfully entering' if the warrant is for 742 Evergreen Terrace and they attempt entry at 724?

Is it still lawful if the warrant is for 742 Evergreen but the information was faulty, and there is No illegal activity?
 

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no-knock warrants are the stupidest thing around. If you can't guarantee the address is correct, which has been shown before that it cannot, you do not need to be busting in. And if you get shot entering the wrong house, the person gets in trouble(understatement). :screwy: I will never understand that. And I will never understand why police are STILL allowed to do it.
 

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Fallschirmjäger said:
Is it still 'lawfully entering' if the warrant is for 742 Evergreen Terrace and they attempt entry at 724?

Is it still lawful if the warrant is for 742 Evergreen but the information was faulty, and there is No illegal activity?
Don't sully the Simpson name.
 

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XDMWarrior said:
So if cops busted in my front door with a No-knock, but had the WRONG address, would I not be justified in defending my family and myself? It does happen.
If you can get a jury trial, maybe. Then there is always the chance that the fact that they had the wrong address or the PC for the warrant was faulty will not be admissible. So.....
 

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To the question of if LE knock down the door to the wrong address, is it still legal, I will say this. When I was going through the police academy in Florida, one of our instructors discussed this briefly. In a nutshell, yes, it is legal, and generally speaking, the homeowner cannot go after the Police Department for damages or whatnot. If it was an honest mistake, such as a typo when writing up the search warrant, then the PD cannot be held responsible. If the swat team was on coke and made an error, then yes. If the imperial government broke down your door, even if wrongly, and you rightly defended yourself :shoot: not knowing whom it was, the attempt will be made to stop the threat, i.e., you :faint: , and there isn't anything you can do about it. :shakehead: Doesn't that just make you feel all warm and cozy. You would probably be arrested and have to spend much money on an attorney to get the charges dropped. Either way they win. 1984 ladies and gentlemen, here we come; the men with the red berets will be coming to your town soon to install cameras in your home, just to make sure your not doing anything wrong. Because as you know, it will make us safer, and we must do anything for more safety.. :bowdown:
 

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illsayit said:
To the question of if LE knock down the door to the wrong address, is it still legal, I will say this. When I was going through the police academy in Florida, one of our instructors discussed this briefly. In a nutshell, yes, it is legal, and generally speaking, the homeowner cannot go after the Police Department for damages or whatnot. If it was an honest mistake, such as a typo when writing up the search warrant, then the PD cannot be held responsible. If the swat team was on coke and made an error, then yes. If the imperial government broke down your door, even if wrongly, and you rightly defended yourself :shoot: not knowing whom it was, the attempt will be made to stop the threat, i.e., you :faint: , and there isn't anything you can do about it. :shakehead: Doesn't that just make you feel all warm and cozy. You would probably be arrested and have to spend much money on an attorney to get the charges dropped. Either way they win. 1984 ladies and gentlemen, here we come; the men with the red berets will be coming to your town soon to install cameras in your home, just to make sure your not doing anything wrong. Because as you know, it will make us safer, and we must do anything for more safety.. :bowdown:
Not here , My Best friend is a local cop and they had a no knock warrant and busted down the door and it was the wrong address given by a narc .They contacted the home owner and bought them a brand new door , trim, and gave them extra for damages . Oh and this was about 10 am and officer stayed there until the home owner got in (7hours later) .So no one would walk in and steal anything .
There are rights and wrongs on both sides , but if you try and shoot them as they (no knock warrant) after they are screaming GET DOWN , XXXXX POLICE ,SHERIFF and you shoot them you will be in trouble .

But if someone kicks my door down and me and my family has never been into any type of trouble and have no reason for this and didn't scream POLICE It just depends how it looks and feels if I am going to defend .If I see Tactical gear and police letters of course not , but if I see 3 thug looking you bet-ch-a .Sometimes common sense goes a long ways .
 

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Tech5 said:
illsayit said:
To the question of if LE knock down the door to the wrong address, is it still legal, I will say this. When I was going through the police academy in Florida, one of our instructors discussed this briefly. In a nutshell, yes, it is legal, and generally speaking, the homeowner cannot go after the Police Department for damages or whatnot. If it was an honest mistake, such as a typo when writing up the search warrant, then the PD cannot be held responsible. If the swat team was on coke and made an error, then yes. If the imperial government broke down your door, even if wrongly, and you rightly defended yourself :shoot: not knowing whom it was, the attempt will be made to stop the threat, i.e., you :faint: , and there isn't anything you can do about it. :shakehead: Doesn't that just make you feel all warm and cozy. You would probably be arrested and have to spend much money on an attorney to get the charges dropped. Either way they win. 1984 ladies and gentlemen, here we come; the men with the red berets will be coming to your town soon to install cameras in your home, just to make sure your not doing anything wrong. Because as you know, it will make us safer, and we must do anything for more safety.. :bowdown:
Not here , My Best friend is a local cop and they had a no knock warrant and busted down the door and it was the wrong address given by a narc .They contacted the home owner and bought them a brand new door , trim, and gave them extra for damages . Oh and this was about 10 am and officer stayed there until the home owner got in (7hours later) .So no one would walk in and steal anything .
There are rights and wrongs on both sides , but if you try and shoot them as they (no knock warrant) after they are screaming GET DOWN , XXXXX POLICE ,SHERIFF and you shoot them you will be in trouble .

But if someone kicks my door down and me and my family has never been into any type of trouble and have no reason for this and didn't scream POLICE It just depends how it looks and feels if I am going to defend .If I see Tactical gear and police letters of course not , but if I see 3 thug looking you bet-ch-a .Sometimes common sense goes a long ways .
Anybody can scream Police when they enter or have "police" sewn into their clothes.
 

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XDMWarrior said:
I guess the best thing is to NOT do anything to put yourself in this situation to start with. Don't sell drugs, kill people, and exhibit overall thug mentality.
how does this protect your from an "anonymous tip" from someone with a grudge, or from a warrant served on the wrong address, which happens a lot?

"Be a good person" does not protect you in this case. :?
 

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Tech5 said:
illsayit said:
To the question of if LE knock down the door to the wrong address, is it still legal, I will say this. When I was going through the police academy in Florida, one of our instructors discussed this briefly. In a nutshell, yes, it is legal, and generally speaking, the homeowner cannot go after the Police Department for damages or whatnot. If it was an honest mistake, such as a typo when writing up the search warrant, then the PD cannot be held responsible. If the swat team was on coke and made an error, then yes. If the imperial government broke down your door, even if wrongly, and you rightly defended yourself :shoot: not knowing whom it was, the attempt will be made to stop the threat, i.e., you :faint: , and there isn't anything you can do about it. :shakehead: Doesn't that just make you feel all warm and cozy. You would probably be arrested and have to spend much money on an attorney to get the charges dropped. Either way they win. 1984 ladies and gentlemen, here we come; the men with the red berets will be coming to your town soon to install cameras in your home, just to make sure your not doing anything wrong. Because as you know, it will make us safer, and we must do anything for more safety.. :bowdown:
Not here , My Best friend is a local cop and they had a no knock warrant and busted down the door and it was the wrong address given by a narc .They contacted the home owner and bought them a brand new door , trim, and gave them extra for damages . Oh and this was about 10 am and officer stayed there until the home owner got in (7hours later) .So no one would walk in and steal anything .
There are rights and wrongs on both sides , but if you try and shoot them as they (no knock warrant) after they are screaming GET DOWN , XXXXX POLICE ,SHERIFF and you shoot them you will be in trouble .

But if someone kicks my door down and me and my family has never been into any type of trouble and have no reason for this and didn't scream POLICE It just depends how it looks and feels if I am going to defend .If I see Tactical gear and police letters of course not , but if I see 3 thug looking you bet-ch-a .Sometimes common sense goes a long ways .
But then this viewtopic.php?f=48&t=45966&hilit=home+invaders can happen. And anyone snarling, "Get down!" while pointing at gun at you looks "thuggish" enough. With no-knock warrants it's hard to tell police from home invaders. Neither party wants to be held responsible when something goes wrong.
 

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MrMorden said:
XDMWarrior said:
I guess the best thing is to NOT do anything to put yourself in this situation to start with. Don't sell drugs, kill people, and exhibit overall thug mentality.
how does this protect your from an "anonymous tip" from someone with a grudge, or from a warrant served on the wrong address, which happens a lot?

"Be a good person" does not protect you in this case. :?
Maybe I am off base, but my thought is if I am joe blow the law abiding citizen, never been in trouble, and the cops kick in my door and I kill a couple, then I would think the prosecutor and especially the jury would take more notice of this opposed to be a known current or former criminal.
 

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Kick in my door, get dropped. What you yell is irrelevant.
 

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XDMWarrior said:
MrMorden said:
XDMWarrior said:
I guess the best thing is to NOT do anything to put yourself in this situation to start with. Don't sell drugs, kill people, and exhibit overall thug mentality.
how does this protect your from an "anonymous tip" from someone with a grudge, or from a warrant served on the wrong address, which happens a lot?

"Be a good person" does not protect you in this case. :?
Maybe I am off base, but my thought is if I am joe blow the law abiding citizen, never been in trouble, and the cops kick in my door and I kill a couple, then I would think the prosecutor and especially the jury would take more notice of this opposed to be a known current or former criminal.
I think if a no knock warrant is being served and you "kill a couple" you will be dead and no trial will be necessary, like the granny in Atlanta a couple of years back. So be sure you get them all.
 

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mb90535im said:
XDMWarrior said:
MrMorden said:
XDMWarrior said:
I guess the best thing is to NOT do anything to put yourself in this situation to start with. Don't sell drugs, kill people, and exhibit overall thug mentality.
how does this protect your from an "anonymous tip" from someone with a grudge, or from a warrant served on the wrong address, which happens a lot?

"Be a good person" does not protect you in this case. :?
Maybe I am off base, but my thought is if I am joe blow the law abiding citizen, never been in trouble, and the cops kick in my door and I kill a couple, then I would think the prosecutor and especially the jury would take more notice of this opposed to be a known current or former criminal.
I think if a no knock warrant is being served and you "kill a couple" you will be dead and no trial will be necessary, like the granny in Atlanta a couple of years back. So be sure you get them all.
I will just say that I hope I never find myself in that position.
 

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Let's see, middle of the night, 3AM, my alarm is blaring, I can't hear a thing or see a thing... there is only one thing to do.
 
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