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

quote:

---

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

---

quote:

---

That's a distinction without a difference.

---

It is nearly the definition of the difference without a distinction. It is similar to a version of the legal fiction "constructive notice". It doesn't matter whether the person received notice just that they should have based on some fact pattern.

I understand why cops do these raids at night but it further increases the odds the person inside does not receive actual notice.