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re: Midland (TX) Police Officer killed by man who thought his home was being burglarized

Posted on 3/8/19 at 7:07 am to
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/8/19 at 7:07 am to
quote:

Because there are I believe 2 cops in this thread saying their protocol is NOT what you're saying.


I base this on knowing the law and having an alarm and being told the protocol and having police come to my house multiple times followed by their actual explanation of what they do. I was also raised in a police/legal household. Took law classes.

How do you NOT KNOW police can’t just walk into your house in the middle of the night without proof or evidence? Evidence that has to be documented or recorded in reports?
This post was edited on 3/8/19 at 7:11 am
Posted by LNCHBOX
70448
Member since Jun 2009
89136 posts
Posted on 3/8/19 at 7:14 am to
How can you speak so matter of factly when we don't have enough details?
Posted by shel311
McKinney, Texas
Member since Aug 2004
112902 posts
Posted on 3/8/19 at 7:17 am to
quote:

I base this on knowing the law and having an alarm and being told the protocol and having police come to my house multiple times followed by their actual explanation of what they do. I was also raised in a police/legal household. Took law classes.

So, in other words, you concede you only have indirect knowledge which is clearly not as valuable as cops on this board and their direct knowledge. Thanks for clarifying.

This post was edited on 3/8/19 at 7:18 am
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/8/19 at 7:22 am to
quote:

How can you speak so matter of factly when we don't have enough details?


You know it’s possible to debate hypotheticals and the actions behind those ideas right?

I’ve said repeatedly in this thread that IF the homeowner shot from inside the home OUT at the police then he is at fault.

Outside of that, my claim has been consistent: police can’t just walk into a house. The burden of proof is on the state, not the homeowner. IF the police walked in (as the midland poster claimed per inside info earlier in the thread) without evidence of forced entry or danger to the homeowner, then it’s a tough sell charging the homeowner for protecting himself and property because the burden is on the police.

When did people forget this obvious stuff?
Posted by shel311
McKinney, Texas
Member since Aug 2004
112902 posts
Posted on 3/8/19 at 7:24 am to
Man, looking at the 1st couple of pages with unknown's posts to now, he's walking back with the quickness. Quite the sharp turn in your responses.
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/8/19 at 7:24 am to
quote:

So, in other words, you concede you only have indirect knowledge which is clearly not as valuable as cops on this board and their direct knowledge. Thanks for clarifying.


Well that’s retarded logic. No one in this thread has DIRECT knowledge of the incident so I guess we should just shut down the entire discussion.

The law is the law. Pick up books and learn it. Being a police officer is inconsequential.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112902 posts
Posted on 3/8/19 at 7:25 am to
quote:

Well that’s retarded logic. No one in this thread has DIRECT knowledge of the incident so I guess we should just shut down the entire discussion.

I'm talking about direct knowledge on cop protocols in these types of hypothetical situations. You absolutely do not have that.

Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/8/19 at 7:26 am to
quote:

Man, looking at the 1st couple of pages with unknown's posts to now, he's walking back with the quickness. Quite the sharp turn in your responses


Show me posts where I stated this wasn’t about the burden of proof being on the state and I’ll show you posts where I stated it explicitly over and over.
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/8/19 at 7:29 am to
quote:

I'm talking about direct knowledge on cop protocols in these types of hypothetical situations. You absolutely do not have that.


Well if you would read - I just said

1. I had them directly explained to me by cops responding to alarm calls.
2. That doesn’t even matter because “protocols” don’t trump the law itself. One police force could have perfectly legal “protocols” and the next could have those that are not exactly legal. Why do you think independent police audit boards and IA exists in the first place?
Posted by LNCHBOX
70448
Member since Jun 2009
89136 posts
Posted on 3/8/19 at 7:32 am to
quote:

You know it’s possible to debate hypotheticals and the actions behind those ideas right?


That's not what you're doing though
Posted by baldona
Florida
Member since Feb 2016
24215 posts
Posted on 3/8/19 at 8:03 am to
One of the best ways to look at these police involved situations is always to first take a look at it if it was simply 2 civilians involved. Certainly something like a cop pull over is different.

This guy shot someone in his home and didn’t know who it was. The only way he is innocent is if it was someone trying to hurt him. You can’t just shoot anyone in your home, end of story. I’ve used a flashlight in my home before when I didn’t want to turn a light on for various reasons. As said, it could have been a drunk neighbor, teenager, etc.

Cop or civilian, you don’t pull the trigger without knowing the target. There’s never an excuse.
This post was edited on 3/8/19 at 8:06 am
Posted by shel311
McKinney, Texas
Member since Aug 2004
112902 posts
Posted on 3/8/19 at 8:10 am to
quote:

Show me posts where I stated this wasn’t about the burden of proof being on the state and I’ll show you posts where I stated it explicitly over and over.

Start on page 2, go forward.

Done
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/8/19 at 8:24 am to
quote:

Start on page 2, go forward. Done


That’s what I thought.
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/8/19 at 8:28 am to
quote:

That's not what you're doing though


I realize I am on the OT and also know you struggle with context and following threads meaning you are going to quote statements I made without understanding the following:

Show me where I explicitly, I mean explicitly stated THEY actually came in the house.

Everything I stated was in the realm of hypotheticals precisely because we don’t know.

I’ll anxiously await your out of context response that will be inaccurate.
Posted by LNCHBOX
70448
Member since Jun 2009
89136 posts
Posted on 3/8/19 at 8:33 am to
quote:

I realize I am on the OT and also know you struggle with context and following threads meaning you are going to quote statements I made without understanding the following:


Get the frick out of here. The first several pages of this thread has been you saying the cop is in the wrong.

quote:

Everything I stated was in the realm of hypotheticals
You re aware your posts are still there for us to see, right?

ETA: Here's one of the many things you've stated as fact that aren't
quote:

If they didn’t have a warrant and entered without permission, they were invading. Period.
This post was edited on 3/8/19 at 8:35 am
Posted by shel311
McKinney, Texas
Member since Aug 2004
112902 posts
Posted on 3/8/19 at 9:29 am to
quote:

Everything I stated was in the realm of hypotheticals precisely because we don’t know.



quote:

Charging the homeowner for acting within their constitutional rights is obviously incorrect


Guys, charging the homeowner is obviously hypothetically incorrect.
Posted by dawgsjlw
shite hole with your momma
Member since Sep 2014
826 posts
Posted on 3/8/19 at 10:05 am to
quote:

It’s very unfortunate but I’d have to ere on sidin with the homeowner on this one.
Exactly. Like criminals won't say they are police if it won't get them shot at, even if just momentarily.
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 3/8/19 at 10:55 am to
quote:

You can’t just shoot anyone in your home, end of story. I’ve used a flashlight in my home before when I didn’t want to turn a light on for various reasons. As said, it could have been a drunk neighbor, teenager, etc.


You can in Texas, you can protect your property with deadly force if you have reason to believe the person is there to rob you, or burglarize your home. How do you know the drunk/ neighbor/ teenager are not there to rob you? There does not have to be a imminent threat of harm to your person. The burden of proof is your word against that of a dead man.

Under Texas Penal Code §9.42, a person may use deadly force against another to protect land or property if:
1.He is the owner of the land;
2.He reasonably believes using the force is immediately necessary to prevent arson, burglary, or robbery; and
3.He reasonably believes that the land or property cannot be protected or recovered by any other means.


This post was edited on 3/8/19 at 10:59 am
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/8/19 at 10:55 am to
quote:

ETA: Here's one of the many things you've stated as fact that aren't


Dude are you legitimately retarded or is the word IF just invisible to you?

quote:

If they didn’t have a warrant and entered without permission, they were invading. Period.


quote:

IF


quote:

Hypothetical


quote:

IF


quote:

1(introducing a conditional clause) on the condition or supposition that; in the event that.


Definition of IF
Posted by LNCHBOX
70448
Member since Jun 2009
89136 posts
Posted on 3/8/19 at 10:56 am to
quote:

3.He reasonably believes that the land or property cannot be protected or recovered by any other means.



If the cops identified themselves properly and he still shot one of them, this is going to be a tough one to overcome.
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