Previous Thread
Next Thread
Print Thread
Rate This Thread
Hop To
Page 4 of 5 1 2 3 4 5
#3294811 - 05/14/11 02:23 AM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Jul 2007
Posts: 8,543
Timothy Offline
Hotshot
Timothy  Offline
Hotshot

Joined: Jul 2007
Posts: 8,543
Phoenix - Ft. Carson
I'd genuinely like to hear the opinions of LEO on this board about the Constitutionality of that decision and if they disagree with it, if they were in IN would they proceed to illegally enter a home.

As I said, I'll ask later tonight in WCE.

Last edited by Timothy; 05/14/11 02:25 AM.

Keep Calm and Check Canopy

There are no ex-paratroopers, only ones off jump status

Learn Economics at:
http://www.mises.org
Carthago delenda est
Inline advert (2nd and 3rd post)

#3294990 - 05/14/11 01:04 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: adlabs6]  
Joined: Jun 2006
Posts: 13,218
NH2112 Offline
Veteran
NH2112  Offline
Veteran

Joined: Jun 2006
Posts: 13,218
Jackman, ME
Originally Posted By: adlabs6
Originally Posted By: NH2112
Second, you're absolutely correct when you say that you have a right to defend your self and your home. You DON'T, however, have the right not to be held accountable for your actions if you misunderstood what was going on. [...] Nobody ever said life was fair. Bad things happen to good people all the time. You're guaranteed the right to defend yourself and your home, but a defense in depth (trading space for time and information) is still the best option whenever possible, even in Castle Doctrine states.


How does this kind approach even remotely promote a sound framework of law?

Guaranteed the right to defend myself? Oh, except if the police make a mistake. A legal guarantee overlapped with ambiguity is no guarantee whatsoever.

A situation where the cops and robbers both enter the door the same way. And a defense which allows the homeowner to use a gun. Once the home owner cornered into defending himself sees a policeman at the other end of his gun, he can't win. He can't break even. He can't retreat and be the good guy he is. He's dead due to the law he thought gave him some guarantee.

I do not accept this as good policy.


Punch a cop back after he hits you, and see what happens. I bet it's not the same thing as what would happen if you struck back at a guy who punched you in a parking lot. The fact is, the police have powers that you and I don't, and being able to use violence in the name of the law, while having partial immunity if something goes wrong during the legitimate use of violence, is one of those powers. It HAS to be, otherwise the police would be powerless to enforce the law.

When you, Mr. Homeowner, take up arms to defend yourself, your family, and your home, you MUST positively ID your target. If the target is dressed in black or navy blue, with POLICE written across the front & back in bright yellow, and are shouting "POLICE! DROP THE WEAPON!" you drop your gun immediately. If they're cops and you obey immediately, you're not going to be shot. If they're crooks using police gear as a ruse and you obey immediately because you think they're cops, you'll get shot. You're guaranteed the right to defend yourself, but that doesn't mean you're guaranteed the right to prevail. What would you have - that a homeowner can shoot anyone who enters his home uninvited without facing any consequences if it was a cop or his son/daughter trying to sneak in after coming home late? Like I said before, sometime bad things happen to good people. We can't pass a law against that.

Last edited by NH2112; 05/14/11 01:22 PM.

Phil

“The biggest problem people have is they don’t think they’re supposed to have problems.” - Hayes Barnard
#3294996 - 05/14/11 01:20 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: Timothy]  
Joined: Jun 2006
Posts: 13,218
NH2112 Offline
Veteran
NH2112  Offline
Veteran

Joined: Jun 2006
Posts: 13,218
Jackman, ME
Originally Posted By: Timothy


NH2112 is claiming that it is a rarity for criminals to use the claims of police when they are entering a house, but this isn't true. I linked above to two cases.


You're using two cases to prove your point? TWO? Find me proof of a thousand more cases like those 2 and then you'll have a valid point.

Quote:
Worse, it is common standards for the Mexican Cartels to enter a drop house screaming "La Migra!" to get the illegals to cooperate to load them up and switch them to their drop house. The problem comes in tract homes where they houses look a like, it is becoming more common for the Cartels to enter the wrong house.


Links or it didn't happen.

Quote:
No one has yet justified why an innocent citizen should take the liability of verifying that a person is a LEO before firing. The red-herring is that you can't expect the cop to take the liability of being shot, but why is that consideration not a two way street? It's hypocrisy at its finest.


Read my previous reply. You, as the homeowner, HAVE to positively ID your target before shooting. Should you not be held liable if the person you kill turns out not to be a criminal? The cop, as the embodiment of the law, has the power to use force - deadly force if necessary - in the name of the law, and also has partial immunity if an honest mistake is made. Don't like it? Get the law changed. But don't #%&*$# later on when you're screaming for a cop to shoot the crook you're wrestling with for control of a gun and he won't do it because he doesn't want to go to jail if he hits you by accident or the crook really isn't a crook.


Phil

“The biggest problem people have is they don’t think they’re supposed to have problems.” - Hayes Barnard
#3295003 - 05/14/11 01:34 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Jul 2001
Posts: 1,973
pcriddle Offline
Member
pcriddle  Offline
Member

Joined: Jul 2001
Posts: 1,973
Newark, Notts. UK
Can someone tell me why it took 71 rds, was it a two way range?


Phil


If you want sympathy look it up, its between sex and syphilis
#3295017 - 05/14/11 01:53 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Feb 2001
Posts: 5,390
Speedo Offline
Hotshot
Speedo  Offline
Hotshot

Joined: Feb 2001
Posts: 5,390
NC USA
More stupidity from the war on drugs. What else is new.

#3295035 - 05/14/11 02:31 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: NH2112]  
Joined: Nov 2004
Posts: 19,794
adlabs6 Offline
Veteran
adlabs6  Offline
Veteran

Joined: Nov 2004
Posts: 19,794
Tracy Island
Originally Posted By: NH2112
The fact is, the police have powers that you and I don't, and being able to use violence in the name of the law, while having partial immunity if something goes wrong during the legitimate use of violence, is one of those powers. It HAS to be, otherwise the police would be powerless to enforce the law.


We need to make the proper distinctions here. A man punching another in a parking lot, vs. punching a police officer. This is a case of full knowledge on who's getting punched. A "no knock" vs. a criminal break in does not offer this situation.

Originally Posted By: NH2112
If they're cops and you obey immediately, you're not going to be shot.


THIS is the situation. We've got two friendly armed parties backed by the law, meeting under forcible entry, expecting mortal threat, and are prepared to resist it.

Hoping for a good outcome is all we can do when this occurs under bizarre circumstances. But since the law has created this situation, I think we can do better than hope.

Originally Posted By: NH2112
What would you have - that a homeowner can shoot anyone who enters his home uninvited without facing any consequences if it was a cop or his son/daughter trying to sneak in after coming home late?


States with Castle Doctrine laws clearly define the conditions of use. For cases where there is doubt, we have a legal system to determine whether those conditions actually were met.

If we simply stop police from entering in ways that trigger those same conditions, then the problem is gone.

And most of the problem is again, not even a worry about a rare police mistake. We also eliminate the need to worry about criminals pretending to be police while kicking in. Because police wouldn't do it that way to begin with.


WARNING: This post contains opinions produced in a facility which also occasionally processes fact products.
#3295087 - 05/14/11 04:37 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Feb 2001
Posts: 11,752
Vertigo1 Offline
Veteran
Vertigo1  Offline
Veteran

Joined: Feb 2001
Posts: 11,752
Zeta Aquilae System
"no knocks" should be so rare as to be nearly nonexistent. How common are they? The paper trail better be perfect before they authorize such an operation. If not, an LEO goes to jail. They certainly should not be using them out of the blue on potential small-timers. Also, can the SWAT team leader be charged with depriving the victim of medical assistance when he could have been saved? Even if this guy was a criminal, he is entitled to that. It's manslaughter, no question, if he is refused it.


"Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies." - Groucho Marx

“One of the great mistakes is to judge policies and programs by their intentions rather than their results.” -Milton Friedman

Quem Deus vult perdere, prius dementat
#3295115 - 05/14/11 05:52 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: NH2112]  
Joined: Jul 2007
Posts: 8,543
Timothy Offline
Hotshot
Timothy  Offline
Hotshot

Joined: Jul 2007
Posts: 8,543
Phoenix - Ft. Carson
Originally Posted By: NH2112


You're using two cases to prove your point? TWO? Find me proof of a thousand more cases like those 2 and then you'll have a valid point.


Two is enough and how many are never reported because the home owner was killed thinking it was the police?

Our society always likes to quote Jefferson, "Better one hundred guilty men go free than one innocent man be condemned."

We've already heard you plainly state that you believe cops are special and deserve the right to break the law as long as the law feels like excusing them. It is a difference that I disagree with.

If the shooting is illegal for me, it should be just as illegal for a police officer to do. If I'm being threatened and I can't shoot the person, neither should the cop be allowed to. For years, AZ law stated that a person was only allowed to defend themselves with equal force. This meant that if someone came up to you threatening you with a knife and you had a gun, you were legally required not to shoot. Yet, it was accepted that the police could shoot anyone with a knife that was threatening an officer. This is a double standard and does not lend itself to a free and just society.


Keep Calm and Check Canopy

There are no ex-paratroopers, only ones off jump status

Learn Economics at:
http://www.mises.org
Carthago delenda est
#3295145 - 05/14/11 06:59 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: May 2005
Posts: 7,856
Patrocles Offline
Hotshot
Patrocles  Offline
Hotshot

Joined: May 2005
Posts: 7,856
Chicagoland
Originally Posted By: FozzyBear

TUCSON (KGUN9-TV) - New details are emerging about Jose Guerena, the man killed last Thursday in a SWAT incident at his Tucson home. He was gunned down by SWAT members while his wife and young child hid in a closet.

Now, the Pima County Sheriff's Department has taken responsibility for the fatal shooting. The SWAT team said it was just executing a narcotics search warrant when Guerena threatened officers with a military rifle. But the Sheriff's Department has changed its story on whether Guerena actually fired at anyone.


SOURCE:
http://nation.foxnews.com/culture/2011/05/12/swat-team-fires-71-rounds-former-marine

TUCSON (KGUN9-TV) - New details are emerging about Jose Guerena, the man killed last Thursday in a SWAT incident at his Tucson home. He was gunned down by SWAT members while his wife and young child hid in a closet.

Now, the Pima County Sheriff's Department has taken responsibility for the fatal shooting. The SWAT team said it was just executing a narcotics search warrant when Guerena threatened officers with a military rifle. But the Sheriff's Department has changed its story on whether Guerena actually fired at anyone.


Continued
http://www.kgun9.com/story/14621212/marine-killed-by-swat-was-acting-in-defense-says-family


oh well...s**t happens!

Was his name Diallo or Sean Bell?


Animal Mother > Rambo+ChuckNorris
#3295161 - 05/14/11 07:29 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: Timothy]  
Joined: Jun 2006
Posts: 13,218
NH2112 Offline
Veteran
NH2112  Offline
Veteran

Joined: Jun 2006
Posts: 13,218
Jackman, ME
Originally Posted By: Timothy


Two is enough


Then Osama bin Laden and Ayman al-Zawahiri are enough to prove ALL Muslims are terrorists. OJ Simpson and Hassan Malik are enough to prove ALL blacks are murderers. Ted Bundy and Jeffrey Dahmer are enough to prove ALL whites are serial killers.

Quote:
and how many are never reported because the home owner was killed thinking it was the police?


More like "how many are never reported because they didn't happen?"

Quote:
Our society always likes to quote Jefferson, "Better one hundred guilty men go free than one innocent man be condemned."


You're saying something more like "Better one hundred alleged criminals go free than one innocent man be apprehended."

Quote:
We've already heard you plainly state that you believe cops are special and deserve the right to break the law as long as the law feels like excusing them. It is a difference that I disagree with.


Well, let's see here. Going back to the message you quoted in your latest reply, I said:

Quote:
The cop, as the embodiment of the law, has the power to use force - deadly force if necessary - in the name of the law, and also has partial immunity if an honest mistake is made.


In my message immediately before the one you quoted, I said:

Quote:
The fact is, the police have powers that you and I don't, and being able to use violence in the name of the law, while having partial immunity if something goes wrong during the legitimate use of violence, is one of those powers.


There's absolutely nothing in either of those that you can use to back up your claim that I support the police being able to break the law - nothing that any reasonable person could take to mean what you said. So, all I can conclude is that you have no problem with intentionally misrepresenting what people say and telling bald-faced lies in order to make your point.

Quote:
If the shooting is illegal for me, it should be just as illegal for a police officer to do. If I'm being threatened and I can't shoot the person, neither should the cop be allowed to. For years, AZ law stated that a person was only allowed to defend themselves with equal force. This meant that if someone came up to you threatening you with a knife and you had a gun, you were legally required not to shoot. Yet, it was accepted that the police could shoot anyone with a knife that was threatening an officer. This is a double standard and does not lend itself to a free and just society.


Your problem is with authority, it's plain to see. Do you also think that since YOU can't legally imprison someone, the state shouldn't be able to either? Without being able to use an escalated level of force, just how do you expect the police to enforce the law? Would blue lights in the rearview mirror be a request to pull over? When an alleged murderer is located, would police be sent to ask him if he consents to being arrested, and would they have to go away without him if he declined? That sure sounds like the world you're thinking of.

Anyway, to recap: If the police bust down your door and identify themselves as police, you immediately drop your gun. You won't be shot. Don't think "oh, I bet it's criminals posing as cops." When you hear hoofbeats, think horses, not people walking behind the main characters and clapping coconut shells together.


Phil

“The biggest problem people have is they don’t think they’re supposed to have problems.” - Hayes Barnard
#3295385 - 05/15/11 07:50 AM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Sep 2010
Posts: 1,216
Josh Echo Offline
Member
Josh Echo  Offline
Member

Joined: Sep 2010
Posts: 1,216
Timothy, it is entirely a lost cause (and thus wasted time on your part), but I still can only thank you for taking at least a verbal stand against totalitarianism and tyrannybeing one of a minuscule number of people who will do even that, rather than enthusiastically supporting it as NH2112 does.

#3295540 - 05/15/11 02:48 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Jun 2006
Posts: 13,218
NH2112 Offline
Veteran
NH2112  Offline
Veteran

Joined: Jun 2006
Posts: 13,218
Jackman, ME
Taking a stand against totalitarianism and tyranny? Please. You and he are nothing but run of the mill anti-authoritarians, don't flatter yourselves by comparing yourselves to true fighters of tyrants. You're like children saying "you're not the boss of me!" to their parents or teachers when told to eat their Lima beans or stop talking in class.


Phil

“The biggest problem people have is they don’t think they’re supposed to have problems.” - Hayes Barnard
#3295557 - 05/15/11 03:20 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Jan 2001
Posts: 40,112
20mm Offline
Site Emeritus
Honorary Forums Manager
20mm  Offline
Site Emeritus
Honorary Forums Manager
Sierra Hotel

Joined: Jan 2001
Posts: 40,112
Tucson AZ
Quote:
totalitarianism and tyranny


If you are trying to make the case that the police represent those aspects, then I'm asking you to stop. It's insulting, especially to those numerous members who are LEO. Their duty is to serve and protect and that is what they do.

It's a dangerous business and sometimes mistakes get made, but to categorize as you did is far over the top.

Way too many officers have been killed in this year alone, simply doing their duty. It denigrates their service and their honor to call them what you did.


Pat Tillman (1976-2004):
4 years Arizona State University, graduated with high honors.
5 seasons National Football League player, Arizona Cardinals.
Forever United States Army Ranger.
#3295572 - 05/15/11 03:51 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: NH2112]  
Joined: Sep 2010
Posts: 1,216
Josh Echo Offline
Member
Josh Echo  Offline
Member

Joined: Sep 2010
Posts: 1,216
Originally Posted By: NH2112
when told to eat their Lima beans or stop talking in class.


... Except we aren't talking about being told to eat beans, are we? No, we're talking about having one's door kicked down unannounced and being shot by people who think like you do.

Originally Posted By: 20mm
If you are trying to make the case that the police represent those aspects


I am talking about NH2112's notions (and those of many, many others) that police and government should be able to do pretty much whatever they want. That's tyranny. I'd thank you to not make false assumptions about my thoughts and intentions.

This discussion is disgusting. Echo out.

#3295578 - 05/15/11 03:56 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Jan 2001
Posts: 40,112
20mm Offline
Site Emeritus
Honorary Forums Manager
20mm  Offline
Site Emeritus
Honorary Forums Manager
Sierra Hotel

Joined: Jan 2001
Posts: 40,112
Tucson AZ
Did you see the "If" at the start of the sentence? Do not tell me what I should do, I run these forums and if you push me like that I can show you the door.


Pat Tillman (1976-2004):
4 years Arizona State University, graduated with high honors.
5 seasons National Football League player, Arizona Cardinals.
Forever United States Army Ranger.
#3295607 - 05/15/11 04:44 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Nov 2004
Posts: 17,632
SkateZilla Offline
Skate Zilla Graphics
SkateZilla  Offline
Skate Zilla Graphics
Veteran

Joined: Nov 2004
Posts: 17,632
Virginia Beach, VA
Originally Posted By: FozzyBear
A Marine died because of drug prohibition and for protecting his property and family from unknown individuals.


I Almost expected the first post of the Thread to continue the thread title..

SWAT Team Fires 71 Rounds at Former Marine... and Doesnt hit the target,


HAF922, Corsair RM850, ASRock Fata1ity 990FX Pro,
Modified Corsair H100, AMD FX8350 @ 5.31GHz, 16GB G.SKILL@DDR2133,
2x R7970 Lightnings, +1 HD7950 @ 1.1/6.0GHz, Creative XFi Fata1ity Platinum Champ.,
3x ASUS VS248HP + Hanns�G HZ201HPB + Acer AL2002 (5760x1080+1600x900+1680x1050), Oculus Rift CV
CH Fighterstick, Pro Throt., Pro Pedals, TM Warthog & MFDs, Fanatec CSR Wheel/Shifter, Elite Pedals
Intensity Pro 10-Bit, TrackIR 4 Pro, WD Black 1.5TB, WD Black 640GB, Samsung 850 500GB, My Book 4TB
#3295611 - 05/15/11 04:49 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Nov 2004
Posts: 3,109
TankHunter Offline
Misanthropic Peon
TankHunter  Offline
Misanthropic Peon
Senior Member

Joined: Nov 2004
Posts: 3,109
Perhaps this should be moved to the CE forum?


l'Audace, toujours l'audace

I dont have pet peeves; I have major, psychotic hatreds. - George Carlin

Even if you have a crown and sit at a throne
In the end you will have nothing
Even if you are destined for great riches
In the end you will return to the dust
#3295643 - 05/15/11 05:57 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Jan 2001
Posts: 40,112
20mm Offline
Site Emeritus
Honorary Forums Manager
20mm  Offline
Site Emeritus
Honorary Forums Manager
Sierra Hotel

Joined: Jan 2001
Posts: 40,112
Tucson AZ
We certainly considered this, but the consensus was to leave it in the CH. This can change, obviously.


Pat Tillman (1976-2004):
4 years Arizona State University, graduated with high honors.
5 seasons National Football League player, Arizona Cardinals.
Forever United States Army Ranger.
#3295746 - 05/15/11 09:28 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: Josh Echo]  
Joined: Jun 2006
Posts: 13,218
NH2112 Offline
Veteran
NH2112  Offline
Veteran

Joined: Jun 2006
Posts: 13,218
Jackman, ME
Originally Posted By: Josh Echo

I am talking about NH2112's notions (and those of many, many others) that police and government should be able to do pretty much whatever they want. That's tyranny. I'd thank you to not make false assumptions about my thoughts and intentions.

This discussion is disgusting. Echo out.


Another one whose only valid method of defending his position is to intentionally misrepresent and lie about what I said. If you can find where, in my own words, I said police and the gov't should be able to do pretty much whatever they want, then go for it. As a favor to you - in case you're too busy on the "paying income tax isn't mandatory because the 16th Amendment was never properly ratified and the gov't doesn't have the authority to make you do anything anyway!" websites - I've taken the step of posting both iterations of my words that you and Timothy have twisted. Do these look familiar?

Quote:
The fact is, the police have powers that you and I don't, and being able to use violence in the name of the law, while having partial immunity if something goes wrong during the legitimate use of violence, is one of those powers. It HAS to be, otherwise the police would be powerless to enforce the law.


And:

Quote:
The cop, as the embodiment of the law, has the power to use force - deadly force if necessary - in the name of the law, and also has partial immunity if an honest mistake is made.


Phil

“The biggest problem people have is they don’t think they’re supposed to have problems.” - Hayes Barnard
#3295758 - 05/15/11 09:39 PM Re: SWAT Team Fires 71 Rounds at Former Marine [Re: FozzyBear]  
Joined: Aug 2006
Posts: 2,615
Suicidal_6 Offline
Senior Member
Suicidal_6  Offline
Senior Member

Joined: Aug 2006
Posts: 2,615
Gulfport
Isn't an honest mistake called involuntary man slaughter?


_ _ ______________________ _ _

S6
Page 4 of 5 1 2 3 4 5

Moderated by  RacerGT 

Quick Search
Recent Articles
Support SimHQ

If you shop on Amazon use this Amazon link to support SimHQ
.
Social


Recent Topics
Actors portraying British Prime Ministers
by Tarnsman. 04/24/24 01:11 AM
Roy Cross is 100 Years Old
by F4UDash4. 04/23/24 11:22 AM
Actors portraying US Presidents
by PanzerMeyer. 04/19/24 12:19 PM
Dickey Betts was 80
by Rick_Rawlings. 04/19/24 01:11 AM
Exodus
by RedOneAlpha. 04/18/24 05:46 PM
Grumman Wildcat unique landing gear
by Coot. 04/17/24 03:54 PM
Peter Higgs was 94
by Rick_Rawlings. 04/17/24 12:28 AM
Whitey Herzog was 92
by F4UDash4. 04/16/24 04:41 PM
Copyright 1997-2016, SimHQ Inc. All Rights Reserved.

Powered by UBB.threads™ PHP Forum Software 7.6.0