They didn't need to issue one in an emergency response situation but they could have easily had one within hours yet to date there hasn't been any warrants relating to her at all from what I can find.
I haven't defended the cops' decisions in all this. And, uhh, the only person shown to have been factually incorrect in all of this is you. Warrants are not issued in emergency response situations. There was only one search warrant & the inclusion of contraband is bog standard.
Cops don't take radios home with them. They are issued at the start of each shift by the department. Her cell was probably in her pocket.I'm kind of curious as to why she called 911? Maybe it's just the cop movies I've seen but I always thought that using your police radio would get a much quicker response, both from the police and medical services. Maybe I'm wrong about the latter, although I don't know why if she specifically asks for an ambulance, but I know I'm not about the former.
Pertinent article-
https://www.cnn.com/2018/09/24/us/dallas-police-officer-fired-botham-shem-jean/index.html
Read the whole thing.
Cops don't take radios home with them. They are issued at the start of each shift by the department. Her cell was probably in her pocket.
EDIT: I'm somewhat surprised she was off-duty but still in uniform. Is that norm for her department? Every cop I've ever known, mostly Los Angeles Co. Sheriff's deputies, went home in civilian clothes with their weapons concealed. Many of them wouldn't even live in the area they patrolled for fear they would be recognized off-duty as a cop.
I live in a town of about 8k now, and the cops are often neighbors down the street, but in a major metro area like Dallas I would think you'd want pass as a civilian as much as possible when off-duty. Walking around off-duty but in uniform kind of makes you on-duty by default, or that's at least the way the public will see you. Makes having a personal life almost impossible.
It's funny that the warrant for his place listed cell phones, computers, and any other communication devices but they have yet to issue a warrant for even her cell phone records. I'm curious why they'd need his computers but not hers, he was the poor innocent guy that got shot but they need his computers but not the shooters?
I'm somewhat surprised she was off-duty but still in uniform. Is that norm for her department? Every cop I've ever known, mostly Los Angeles Co. Sheriff's deputies, went home in civilian clothes with their weapons concealed. Many of them wouldn't even live in the area they patrolled for fear they would be recognized off-duty as a cop.
I didn't know that about radios, I always assumed that they each had their own and took them home with the rest of their gear. Thanks for the info.
I know a few cops and I've seen them off duty in their uniforms plenty of times. I've seen other cops doing things that made me assume they were off duty but I never asked them. I just assume that most of them change at home.
That's all standard search warrant boilerplate, probably a copy/paste from a template.
Well, I should have said many cops don't take radios home. Most departments keep radios and extra batteries charging at the station. But it's also common practice in some departments for cops to wear full uniform and be ready to respond in emergency on their way to and from work. This would include carrying a handheld radio, I assume. And some departments issue their officers patrol cars to take home with them so they can be on-call and ready to respond from home, so those folks are definitely going home with at least a radio in their unit, if not a handheld as well.
But some departments are the exact opposite and it's against regulations to have any uniform or work gear visible in your personal vehicle. I'm sure it depends on the kind of area you patrol. If you live and work in a small town and everyone knows you are a cop, why hide it on the way to work. I'd rather be in full uniform with all my equipment from the moment I step out of my home. But in a big city it would be much easier to get lost, especially if you commute a distance from your home to where you patrol.
I don't know what the Dallas PD does, but this officer being in uniform, probably not having a radio and using her cell to call 911 doesn't mean much one way or the other.
It's murder now.And she has been indicted for manslaughter. At least there is the possibility of 15 yrs for that.
https://www.cnn.com/2018/11/30/us/dallas-police-officer-botham-jean/index.html
It's murder now.
The article was updated since you posted.
"Correction: An earlier version of this article said that Guyger was indicted on a charge of manslaughter. The officer has been indicted on a murder charge. The headline and article have been updated to reflect this change. "
I hope the truth comes out and she gets the max if found guilty.I hope she gets max.
And I suggested a way, which you ignored. Proper training and holding them accountable when they fuck up. When cops start seeing that the bullshit "I feared for my life" defense doesn't work anymore for everything under the sun, I'll bet you see a huge reduction in situations like these.
I hope the truth comes out and she gets the max if found guilty.
Agreed. Truth and due process must be the goals of any criminal trial for our passion for vengeance to be even the slightest bit righteous.This "code of silence" needs to be a criminal offense on its own. Too much is hidden with the blessings of too many. Hopefully we'll get the truth.
Also agreed. As well as the police department trying to smear the victim.This "code of silence" needs to be a criminal offense on its own. Too much is hidden with the blessings of too many. Hopefully we'll get the truth.
Lee Merritt, an attorney for Jean's family, said defense attorneys are using racial stereotypes and prejudice to help Guyger beat a murder charge.
"Highlighting her golden locks and daintiness is a direct appeal to the American culture's propensity to come to the defense of white womanhood," Merritt said. "They are playing into long-held prejudices of black male criminality and white purity."
"Oops I accidentally went into the wrong apartment" can never be a valid defense no matter what IMO, so I honestly hope this decision is a no-brainer.
Can never be a valid defense to murder or to manslaughter? If true it would be a valid defense to a murder charge.
I don't think it should be a valid defense even to murder. She shot first and asked questions later, that is murder. The pulling of a gun and the issuing of an order is premeditation. She knew she was doing something that would very likely end in someone's death but didn't take the appropriate precautions to make sure she had a right to kill that person.
A mistake that leads to someone being killed is not inherently murder. Pulling a gun and issuing a command is not premeditation. That is 100% wrong and nowhere close to a legal definition.
Pulling a gun and killing someone with it is not a mistake. Maybe they made a mistake going into the wrong apartment, but killing the person inside was not a mistake, it was a rational decision.
EDIT: And yes, pulling a gun and issuing a command most definitely fits the legal definition of premeditation. They did not kill someone on accident. They did not do so in a fit of unreasonable emotion. They made a choice to kill someone. That is the legal definition of premeditation.