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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 6:03 am to
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/7/19 at 6:03 am to
quote:

I always announce loudly usually 4-5 times I'm the polic


How does this legally protect you? What’s stopping burglars and home invaders from just “announcing they are cops” in efforts to disarm homeowners? There’s an obvious hole in the legal logic here.

Do you realize how absolutely dumb it is to enter anyone’s property at night without a warrant? The law should be simple: No warrant and homeowners are protected under the law when defending their property. If a buncha guys invade my house with guns in the middle of the night when I’m half asleep, I’m just supposed to trust them?
This post was edited on 3/7/19 at 6:06 am
Posted by Evolved Simian
Bushwood Country Club
Member since Sep 2010
23268 posts
Posted on 3/7/19 at 6:04 am to
quote:

How about if you don’t have a warrant, stay the frick off of my property in the middle of the night?




It was an emergency response, you low IQ frick.

This post was edited on 3/7/19 at 6:08 am
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/7/19 at 6:08 am to
quote:

It was an emergency response, you low IQ frick.

If you call the police and a cop shows up and you shoot him, you deserve the fricking death penalty.


That’s fine, and if anyone is shot without a warrant on a mistaken entry, no one should be charged.
This post was edited on 3/7/19 at 6:09 am
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/7/19 at 6:11 am to
quote:

If they dont have a warrant and the homeowner didnt let them in I have a hard time believing they had legal authority to be there to begin with.


Exactly. Police do not constitutionally have the authority to invade homes against a homeowner’s wishes without a warrant. It’s called the 4th amendment.
This post was edited on 3/7/19 at 6:12 am
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
63426 posts
Posted on 3/7/19 at 6:13 am to
quote:

Amazing how quickly he was charged vs the dallas cop lady who entered the upstairs neighbor's apartment.


This went to a grand jury and the officer was indicted for murder and may spend the rest of her life in prison. What more do you want?
Posted by Oilfieldbiology
Member since Nov 2016
42307 posts
Posted on 3/7/19 at 6:15 am to
quote:

If I'm invading a home and want to get the upper hand the first thing I'm doing is shouting "police" when I break down the front door.


This is what I’m thinking. How do you know in the middle of the night it was the police? This sounds like a horrible situation all around. Two family’s lives have just been ruined
Posted by Scruffy
Kansas City
Member since Jul 2011
77270 posts
Posted on 3/7/19 at 6:16 am to
quote:

They officers were not serving a warrant, but were called to the house by somebody.
Who called them to the home?
quote:

They allegedly loudly announced they were police
They hopefully had body cameras that weren’t broken and were turned on.
Posted by The Torch
DFW The Dub
Member since Aug 2014
29622 posts
Posted on 3/7/19 at 6:20 am to
David Charles Wilson, the man police have charged with manslaughter in the death of a fellow officer, is a local oil and gas investment company CEO

According to the Unitex website, “Wilson bought his first west Texas oil wells at the ripe age of 20. Now in his early 30's he has over 250 wells producing about 450 bbl per day.

450 x $56.86 = $25,587 daily - OT Money
This post was edited on 3/7/19 at 6:23 am
Posted by Samso
nyc
Member since Jun 2013
5069 posts
Posted on 3/7/19 at 6:34 am to
quote:

David Charles Wilson, the man police have charged with manslaughter in the death of a fellow officer, is a local oil and gas investment company CEO

According to the Unitex website, “Wilson bought his first west Texas oil wells at the ripe age of 20. Now in his early 30's he has over 250 wells producing about 450 bbl per day.

450 x $56.86 = $25,587 daily - OT Money


Yea he’s getting off
Posted by Choctaw
Pumpin' Sunshine
Member since Jul 2007
77774 posts
Posted on 3/7/19 at 6:41 am to
Alarm companies call the cops when an alarm is triggered. You know this when you sign up.
Posted by Choctaw
Pumpin' Sunshine
Member since Jul 2007
77774 posts
Posted on 3/7/19 at 6:44 am to
quote:

Police do not constitutionally have the authority to invade homes against a homeowner’s wishes


They weren't "invading" a home. They responded to a burglary call. Call could've been made by the alarm company.
Posted by cyarrr
Prairieville
Member since Jun 2017
4239 posts
Posted on 3/7/19 at 6:44 am to
quote:

Exactly. Police do not constitutionally have the authority to invade homes against a homeowner’s wishes without a warrant. It’s called the 4th amendment.


Exigent circumstances can justify a warrantless entry. We are missing a lot of facts regarding whether it was reasonable for them to enter the house in the manner that they did.
This post was edited on 3/7/19 at 6:47 am
Posted by poptart_1225
Livingston parish
Member since Mar 2018
50 posts
Posted on 3/7/19 at 6:47 am to
What people aren't understanding is there are legal loop holes that do allow police to enter a home with out a warrant. It sort of works off the premise of suspicion of a crime in progress and probable cause. Probable cause for a police officer is only 50% certainty that someone is committing a crime. And if probable cause is met then you can be arrested for whatever crime your being suspected of. BUT the extenuating circumstance in this incident which we don't know because we don't have the whole story is HOW exactly did the police make entry to the home? Is the question that should be asked. Because let's say they arrive at the house and the front door is wide open. Then it doesn't matter who called the police. It's reasonable to believe that a burglary is in progress. Or let's say they arrive and the door is shut but not locked. Then your treading deep water in shitty creek cause it would then rely on the police making entry through a shut door AND making their presence known. Which would or could allow the homeowner to get away with this with no charges. And finally let's say they arrived and the door was shut and locked and they made entry through a locked door then the homeowner is absolutely justified in his actions. So those are the questions we must ask and don't have the info on just yet. I prefer to wait till more information comes out before I make any judgment on who was right and who is wrong.
Posted by Meauxjeaux
102836 posts including my alters
Member since Jun 2005
46960 posts
Posted on 3/7/19 at 6:52 am to
quote:

Do you realize how absolutely dumb it is to enter anyone’s property at night without a warrant?


What about the case when someone has broken into a home and some kid is hiding in the closet having dialed 911?

Should the cops not enter the property?
Posted by baldona
Florida
Member since Feb 2016
24215 posts
Posted on 3/7/19 at 6:54 am to
quote:

How about if you don’t have a warrant, stay the frick off of my property in the middle of the night?


Cop or not, you realize you can’t just shoot someone in your home right? You have to have some reason to believe your life is in danger and be able to identify your target.

4-5 people using flashlights and his life is in danger? He never said anything before firing?
Posted by Dizz
Member since May 2008
16149 posts
Posted on 3/7/19 at 7:06 am to
The thing that bothers me is that if the cop would have shot the homeowner there would have been a press conference were they announce an investigation and need to find out all the facts. Cop gets shot and the homeowner is arrested immediately.

When cops shoot someone there are always more facts to get when a cop gets shot it’s arrest now get facts later.
Posted by baldona
Florida
Member since Feb 2016
24215 posts
Posted on 3/7/19 at 7:10 am to
quote:

When cops shoot someone there are always more facts to get when a cop gets shot it’s arrest now get facts later.


Lol, well this certainly isn’t the case and we don’t know all the details here. There could be more evidence that suggests this was a clearly criminal shooting.
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53509 posts
Posted on 3/7/19 at 7:11 am to
quote:

David Charles Wilson, the man police have charged with manslaughter in the death of a fellow officer, is a local oil and gas investment company CEO

According to the Unitex website, “Wilson bought his first west Texas oil wells at the ripe age of 20. Now in his early 30's he has over 250 wells producing about 450 bbl per day.

450 x $56.86 = $25,587 daily - OT Money


He's rich? Yeah, he isn't going to prison.
Posted by castorinho
13623 posts
Member since Nov 2010
87562 posts
Posted on 3/7/19 at 7:12 am to
quote:

4-5 people using flashlights and his life is in danger?
do you understand how flashlights work?
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60937 posts
Posted on 3/7/19 at 7:12 am to
quote:

Exigent circumstances can justify a warrantless entry. We are missing a lot of facts regarding whether it was reasonable for them to enter the house in the manner that they did.


Just another excuse for government overreach.

It started with this, then “terror”, then human “Trafficking”...

How long is it going to take before people catch on?
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