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re: police exchange gunfire with man on couch during no knock warrant at night

Posted on 1/19/22 at 8:57 pm to
Posted by Kjnstkmn
Vermilion Parish
Member since Aug 2020
10862 posts
Posted on 1/19/22 at 8:57 pm to
anyone know where you can get a grenade to keep under the couch cushions? asking for a friend.
This post was edited on 1/19/22 at 8:58 pm
Posted by UndercoverBryologist
Member since Nov 2020
8077 posts
Posted on 1/19/22 at 9:00 pm to
quote:

I agree with you, but a no knock warrant means you just bust the door down and go in. They announced themselves many times before they went in which means it wasn't a no knock warrant


If you’re asleep or in the shower, for all practical purposes, yelling “Police Department!” for 10 seconds before deciding to bust the door open is virtually a no-knock raid.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 1/19/22 at 9:06 pm to
quote:

I agree with you, but a no knock warrant means you just bust the door down and go in. They announced themselves many times before they went in which means it wasn't a no knock warrant.


Meh. That's a distinction without a difference.

I can tell you straight up that had that been my door, my first actual awareness of them would have been when the door busted down. My BR isn't close to the front door and I sleep like a fricking stone. Hell, those fricker's might've made it all the way to my room before I was 100% coherent. Regardless, functionally, THAT shite is no knock.

To me, there's 2 flavors of warrants. Either you knock and I answer such that we both know who we're talking to, or you don't.

Now, if you knock, I answer, you say police, and I refuse to open and THEN you bust in, THAT is OK although, I'll be honest, it ain't really necessary. I mean.........where am I gonna go?

You bust in while having no idea if I even know you're there? That's no-knock. And it's bullshite.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 1/19/22 at 9:07 pm to
quote:

If you’re asleep or in the shower, for all practical purposes, yelling “Police Department!” for 10 seconds before deciding to bust the door open is virtually a no-knock raid.


Exactly.

Saying it isn't a no knock is just bureaucratic bull shite calling a triangle a pyramid.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
135172 posts
Posted on 1/19/22 at 9:16 pm to
quote:

Meh. That's a distinction without a difference.

It's literally not. It's extremely cut and dry. One has a notification prior to breaching and one doesn't.

I don't know how I can make that more cut and dry
Posted by UndercoverBryologist
Member since Nov 2020
8077 posts
Posted on 1/19/22 at 9:23 pm to
quote:

t's literally not. It's extremely cut and dry. One has a notification prior to breaching and one doesn't.

I don't know how I can make that more cut and dry


Depending on the hour of night, if you ABSOLUTELY have to serve a warrant in the middle of the night, you may have more success announcing yourself if you just walk around and bang on the windows and yelling “Police!” at the window, until you roust the homeowner from their sleep.

Knocking on the door and yelling loudly for a few brief moments before breaching the front door seems like a poor way to announce yourself in the middle of the night.

That is, if you actually have a good faith intention to announce yourself and are not just CYA so that when you start blasting you can say “I announced myself.”
Posted by GreatLakesTiger24
One State Solution
Member since May 2012
55963 posts
Posted on 1/19/22 at 9:25 pm to
quote:

I mean, seems like they could have just waited until he went to the store or something and then arrested him at his vehicle. Far more people were put in danger with this gestapo shite. No need, no justification.

cough David Koresh cough
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 1/19/22 at 9:26 pm to
quote:

It's literally not. It's extremely cut and dry. One has a notification prior to breaching and one doesn't.

This just isn't accurate in practice as already explained.

quote:

I don't know how I can make that more cut and dry

Notification, BY frickING DEFINITION, means the other person has to ACTUALLY be notified.

In that video, had it been my door, there is NO WAY WHATSEOEVER I would have heard it from my bedroom. If you call THAT "notification", then they might as well yell it from the street...........or hell, just after they leave the police station.

Please to throw pretense at me like you don't understand this problem. Sheesh. Hell, they do this shite when people's BRs are UPSTAIRS! frick, when I had an upstairs BR, you could have literally used a loudspeaker for 10 seconds before busting the door and I wouldn't have heard it.

And for frick's sake, don't come at me like it's somehow the resident's responsibility to hear that shite. It ain't.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 1/19/22 at 9:27 pm to
quote:

That is, if you actually have a good faith intention to announce yourself and are not just CYA so that when you start blasting you can say “I announced myself.”


DING
DING
DING
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 1/19/22 at 9:30 pm to
Posted by LSUAngelHere1
Watson
Member since Jan 2018
8270 posts
Posted on 1/19/22 at 9:31 pm to
quote:

what if they say they're the police for ten seconds before breaking down the door?

Anyone can say that they’re the police.
Posted by supadave3
Houston, TX
Member since Dec 2005
30328 posts
Posted on 1/19/22 at 9:31 pm to

This post was edited on 1/19/22 at 9:32 pm
Posted by Eighteen
Member since Dec 2006
34119 posts
Posted on 1/19/22 at 9:31 pm to
quote:

They announced themselves many times before they went in which means it wasn't a no knock warrant.




In the middle of the night why should I believe any random dude banging on my door yelling “police” are actually police?

these types of raids aren’t safe for the cops, for the suspect, and for any neighbors. completely unnecessary
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 1/19/22 at 9:35 pm to
quote:

In the middle of the night why should I believe any random dude banging on my door yelling “police” are actually police?


He's being silly trying to draw a difference.

If you are a government official and the difference between "no knock" and "not no knock" is you notifying me.........then it is YOUR frickING RESPONSIBILITY to ensure I'm notified.

Absent that, you didn't notify me no matter how hard you want to stretch that technicality.

Frankly, I think failure to notify.......REALLY notify, should make me killing your arse legit.
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 1/19/22 at 9:36 pm to
quote:

what if they say they're the police for ten seconds before breaking down the door?

Then it's not a no-knock warrant



at least from what we can tell from the video, they only announced for 5-6 seconds before the battering ram hit the door. Knock-and-announce criteria requires a reasonable amount of time for the occupant to allow their entry.

im not sure 6 seconds is a reasonable timeframe for someone sleeping in the dead of night. police state gonna police state. bootlickers gonna bootlick
Posted by BeepNode
Lafayette
Member since Feb 2014
10005 posts
Posted on 1/19/22 at 9:37 pm to
quote:

what if they say they're the police for ten seconds before breaking down the door?




Then you can give the person a chance to look out the window or something to see that you are in legit cop cars and whatnot?
Posted by Mister Bigfish
Member since Oct 2018
957 posts
Posted on 1/19/22 at 9:38 pm to
Just a hypothetical. What about a hostage situation, maybe a stand off. Let’s say people have already been killed. Negotiations have been on going and break down for whatever reason. Maybe it’s apparent the guy is about to kill more people. Should a no knock be legal or illegal then?

ETA: example: Unless No knock is specified the laws in some states don’t allow forced entry.
This post was edited on 1/19/22 at 9:41 pm
Posted by LSUAngelHere1
Watson
Member since Jan 2018
8270 posts
Posted on 1/19/22 at 9:41 pm to
quote:

think no knock warrants should be illegal, but that wasn't a no knock warrant

The battering ram knocking down the door isn’t consider knocking,
This post was edited on 1/19/22 at 9:51 pm
Posted by MoarKilometers
Member since Apr 2015
18191 posts
Posted on 1/19/22 at 9:41 pm to
quote:

Just a hypothetical. What about a hostage situation, maybe a stand off. Let’s say people have already been killed. Negotiations have been on going and break down for whatever reason. Maybe it’s apparent the guy is about to kill more people. Should a no knock be legal or illegal then?

There's already a caveat for exigent circumstances. They don't even require a warrant to enter.
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 1/19/22 at 9:41 pm to
quote:

It's literally not. It's extremely cut and dry. One has a notification prior to breaching and one doesn't.

I don't know how I can make that more cut and dry


the other one also has a requirement for a reasonable amount of time to allow entry. so its not a no-knock, nor is it a proper knock-and-announce.
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