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re: Midland (TX) Police Officer killed by man who thought his home was being burglarized
Posted on 3/7/19 at 10:43 am to shel311
Posted on 3/7/19 at 10:43 am to shel311
quote:Ah.
It has to do with the person having the alarm and enabling the alarm, which essentially means he has signed forms about that process, and he knows cops will come when that alarm goes off.
Scruffy thought y’all were referencing the misguided “social contract” mentality that people often talk about when it comes to police.
Posted on 3/7/19 at 10:44 am to Scruffy
quote:
Not really.
Y’all keep saying that we “ask” them to enter our homes.
If you aren’t afforded a choice, you aren’t asking
The cops would never have been there if the homeowner didn't sign up for alarm monitoring. Further, he also either confirmed an issue to send them out, or didn't respond which calls for sending out police.
You are acting like these cops just randomly showed up at this guy's house.
quote:
You are doing the opposite of those who automatically lay the blame on cops by shifting the burden onto the homeowner.
So far, as the facts come out, the homeowner appears to have some questions to answer.
quote:
an Scruffy opt out of allowing police the ability to enter his home under all circumstances?
Don't have a professionally monitored alarm would be a great start.
Posted on 3/7/19 at 10:48 am to Scruffy
quote:Doubt it, but you can opt out of having the alarm system going off to notify the cops to come to your home.
Can Scruffy opt out of allowing police the ability to enter his home under all circumstances?
Posted on 3/7/19 at 10:50 am to Scruffy
quote:Gotcha. I had a hunch that Scruffy needed that update.
Ah.
Scruffy thought y’all were referencing the misguided “social contract” mentality that people often talk about when it comes to police.
Posted on 3/7/19 at 10:54 am to Salmon
quote:
quote:
Can Scruffy opt out of allowing police the ability to enter his home under all circumstances?
unfortunately, no
I'm sure they will examine and look at the specifics of the agreement in this case. I would imagine that it doesn't state for them to just barge on in. From comments on here(provided they are quotes of actual facts) it seems as though the police didn't just barge in. They found an open door. I'd need to see a more clearly stated definition of open door, was it opened to where they could see in, or was it just an unlocked door? Why do the police not attempt to make phone contact with the homeowner, even if the alarm company said there was no response, they would have had that information from the alarm company? Did they not have red and blues, or whatever colors there, flashing? Did they announce loudly before entering? Did they actually make entry before being shot at? Did the homeowner attempt to identify who the target was that he shot at? How much time went by before alarm went off and shot fired? Most of this thread is worthless opinions based on assumptions that either the homeowner or cops did/didn't do something wrong.
This post was edited on 3/7/19 at 10:57 am
Posted on 3/7/19 at 10:57 am to Steadyhands
Yea, I'm interested to know what police protocol is for an alarm going off.
If the door is closed, what is normal protocol?
If a door is not just unlocked but open, what is normal protocol?
If the door is closed, what is normal protocol?
If a door is not just unlocked but open, what is normal protocol?
Posted on 3/7/19 at 11:01 am to Steadyhands
quote:
Why do the police not attempt to make phone contact with the homeowner, even if the alarm company said there was no response, they would have had that information from the alarm company?
Not stating it was done in this case; but, I can tell you, at my agency it is SOP to have our dispatch call the residence to attempt contact prior to us searching if we find an open/unlocked door on an alarm. We don't just assume the alarm company called.
Posted on 3/7/19 at 11:05 am to SoFla Tideroller
quote:Can you respond to my questions above, assuming dispatch makes no contact at all with the person after the alarm goes off.
Not stating it was done in this case; but, I can tell you, at my agency it is SOP to have our dispatch call the residence to attempt contact prior to us searching if we find an open/unlocked door on an alarm. We don't just assume the alarm company called.
Door closed - At would point would you go in?
If a door is unlocked and actually open, would you then automatically go in?
Posted on 3/7/19 at 11:11 am to Pesticide
quote:
If there is body came footage, and this officer gave more than one announcement, then sorry homeowner you need to be charged. Unless there is some extenuating circumstances like hes deaf or in a part of the house its impossible to hear, I feel the charge should be manslaughter at most. But even in this case, I'll withhold judgement until more facts are known.
This.
Posted on 3/7/19 at 11:13 am to UPT
quote:
How about if you don’t have a warrant, stay the frick off of my property in the middle of the night?
Sad story, but i agree.
Posted on 3/7/19 at 11:13 am to SoFla Tideroller
quote:
Not stating it was done in this case; but, I can tell you, at my agency it is SOP to have our dispatch call the residence to attempt contact prior to us searching if we find an open/unlocked door on an alarm. We don't just assume the alarm company called.
Okay, that's good to know. A homeowner should also attempt to call police or alarm company prior to assessment of intrusion/or false alarm, but that's not how's it's always going to play out. As a police officer entering an open door of a house with a plausible intruder, is there not some sort of sweep and clear rooms protocol where you continuously attempt to make contact with the next room or down hallways before proceeding further in?
If contact cannot be made with a homeowner prior to entry, then police should assume the homeowner doesn't know you're there, or is in a bad situation that they can't make communication. Also, the police would then enter under the presumption that anyone they encounter is either an intruder or the homeowner. I don't know how they went in, but regardless if the man is at fault, a police officer was still killed. The only thing that can prevent this is better police procedures and training. Relying on the homeowner to react or respond a certain way, is irresponsible.
Posted on 3/7/19 at 11:14 am to TigersSEC2010
Haven’t read this entire thread yet, but things that seem important and aren’t clear from the article:
- Was the alarm still going off when officers arrived?
- Who called the police? Assuming it was the alarm company, did they call the homeowner first and were they able to get in touch with him?
- Did the police have sirens (probably not) and lights (maybe?) on when they arrived at the house?
- Was the officer inside or outside the house when the shooting occurred?
- If they did enter the house, what was their reasoning?
I think it’s premature to say much about fault either way until these questions are answered. For example, if the cops were looking around outside of the house, a squad car was parked outside with its lights on, and the homeowner shot the officer through a window - it’s probably safe to say he was at fault.
But if the homeowner had silenced the alarm, the doors were closed, and the cops busted in anyway.. that’s an entirely different conversation.
- Was the alarm still going off when officers arrived?
- Who called the police? Assuming it was the alarm company, did they call the homeowner first and were they able to get in touch with him?
- Did the police have sirens (probably not) and lights (maybe?) on when they arrived at the house?
- Was the officer inside or outside the house when the shooting occurred?
- If they did enter the house, what was their reasoning?
I think it’s premature to say much about fault either way until these questions are answered. For example, if the cops were looking around outside of the house, a squad car was parked outside with its lights on, and the homeowner shot the officer through a window - it’s probably safe to say he was at fault.
But if the homeowner had silenced the alarm, the doors were closed, and the cops busted in anyway.. that’s an entirely different conversation.
Posted on 3/7/19 at 11:44 am to lostinbr
Side note, I woke up once at 3 AM to the sound of someone (loudly) banging on my door. After a few seconds of half-asleep “wtf is that noise?” thoughts, I grabbed my pistol and walked down the hall. Noticed someone was banging on the door and shining a flashlight in window, and adrenaline starts pumping. I got about a foot from the spot where they would have been able to see me with my gun when I heard “Police! Open up!”
Despite the fact that I had only been awake for a minute or so, as soon as I heard the word “police” I IMMEDIATELY thought “oh shite, I really need to put this handgun away” and put it back in my night stand. It was an immediate reality check, and I definitely realized that I didn’t want this cop to think I was about to point a gun at him.
Turns out a neighbor had called the cops when they saw an individual rummaging through my wife’s car which had apparently been left unlocked (...). The cop had actually seen the guy and tried to catch him on-foot, but he got away. I believed him because he looked like he had just run a marathon.
Cop asks me to wake up my wife so she can look through her car to see if anything identifiable was missing (there wasn’t, so apparently the guy didn’t find anything valuable). They needed that info so that they would have reason to arrest the suspect if they found him. They did NOT, to my knowledge, open her car door until we went outside.
All in all it was one of the best police encounters I’ve ever had. The officer was extremely professional and I went back to bed thinking I was glad BRPD was on top of their shite. I realize that this was an entirely different situation than them actually entering my house, but I can’t help but wonder whether my immediate gut reaction to put the gun away is the norm or if I just had a moment of clarity.
Despite the fact that I had only been awake for a minute or so, as soon as I heard the word “police” I IMMEDIATELY thought “oh shite, I really need to put this handgun away” and put it back in my night stand. It was an immediate reality check, and I definitely realized that I didn’t want this cop to think I was about to point a gun at him.
Turns out a neighbor had called the cops when they saw an individual rummaging through my wife’s car which had apparently been left unlocked (...). The cop had actually seen the guy and tried to catch him on-foot, but he got away. I believed him because he looked like he had just run a marathon.
Cop asks me to wake up my wife so she can look through her car to see if anything identifiable was missing (there wasn’t, so apparently the guy didn’t find anything valuable). They needed that info so that they would have reason to arrest the suspect if they found him. They did NOT, to my knowledge, open her car door until we went outside.
All in all it was one of the best police encounters I’ve ever had. The officer was extremely professional and I went back to bed thinking I was glad BRPD was on top of their shite. I realize that this was an entirely different situation than them actually entering my house, but I can’t help but wonder whether my immediate gut reaction to put the gun away is the norm or if I just had a moment of clarity.
Posted on 3/7/19 at 12:19 pm to shel311
With an active burglar alarm, with either an open or unlocked door we will search the residence (after the calls, verbal warning is given). In our county, you are required to have an alarm permit with the Sheriff's Office in order for us to respond. In the permitting process you grant the SO permission to search in these situations. So in our case, these questions have already been answered.
If you don't desire our response, simply don't get a permit. When we get a call from your alarm company we file the call out "Alarm - No response".
If you don't desire our response, simply don't get a permit. When we get a call from your alarm company we file the call out "Alarm - No response".
Posted on 3/7/19 at 12:20 pm to SoFla Tideroller
quote:Thanks, seems like a pretty sound process. Wondering if this town has something similar.
With an active burglar alarm, with either an open or unlocked door we will search the residence (after the calls, verbal warning is given). In our county, you are required to have an alarm permit with the Sheriff's Office in order for us to respond. In the permitting process you grant the SO permission to search in these situations. So in our case, these questions have already been answered.
If you don't desire our response, simply don't get a permit. When we get a call from your alarm company we file the call out "Alarm - No response".
UnknownKnight does not like your post.
Posted on 3/7/19 at 12:34 pm to DavidTheGnome
quote:
It’s very unfortunate but I’d have to ere on sidin with the homeowner on this one.
100% agree, there is no way to be sure he heard what they said and more then likely was asleep and their voices woke him up but didnt hear or understand what they were saying. add to that they blinded him with a flashlight in his eyes and he had a natural fear of life reflex to shoot intruders who broke into your house and are blinding you with a bright light.
i can see the cops side here but you cant blame the homeowner in this case unless you can prove he heard them say they were cops, but even then, how could he know for sure if they blind him with bright lights?
Posted on 3/7/19 at 2:10 pm to keakar
quote:That is very unlikely considering the alarm was going off.
and more then likely was asleep
Posted on 3/7/19 at 2:11 pm to keakar
quote:
there is no way to be sure he heard what they said and more then likely was asleep and their voices woke him up but didnt hear or understand what they were saying. add to that they blinded him with a flashlight in his eyes and he had a natural fear of life reflex to shoot intruders who broke into your house and are blinding you with a bright light.
Posted on 3/7/19 at 2:11 pm to shel311
1 thing about everyone taking the side of the homeowner. If that homeowner's 16 year old daughter came in at 3am, tripped the alarm, and the homeowner and shot and killed her because he just shot without identifying her, I'm pretty confident that all the same posters that are on the side of the homeowner would want that same homeowner who killed his own daughter to be prosecuted to the fullest extent.
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