Police Accidentally Record Themselves Conspiring to Fabricate Criminal Charges Against Protester

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The Merg

Golden Member
Feb 25, 2009
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By now, there are literally thousands of cops across the U.S. who know about this story. Have any of them arrested these bad cops? Certainly there are good cops out there who won't let a fraternal order come between them and doing the right thing, no? Any of them? At all?

You do realize that cops in other jurisdictions have no legal authority to file charges against cops in another state, let alone another town or county?

I'm wondering if this really will actually cause cops to die. If you have your gun already pointed at somebody and they make a move, you've already got the bead on them, you're already aimed, and the second you see a gun you can fire off a few rounds before the gun can even get aimed at you. Has there ever been a case where cops had guns aimed at someone and he was able to pull a gun and kill them before they could react? If not then why are we even discussing this?

Action is ALWAYS faster than reaction. You can draw and fire a gun in less than a second. Just having your gun pointed at someone does in no way guarantee that someone will not get the drop on you. Someone sent me this video which shows how quickly a gun can be fired when held at your side. (This guy made the video to answer questions about the shooting in Charlotte in regards to if the subject was really a threat if he was just holding the gun at his side).

http://www.facebook.com/bluematters/videos/566997690159676 - (Sorry for the Facebook link - can't find it on YouTube)
Are you telling me that you could react to him turning that gun on you and firing it before you could fire?
So, if someone is giving indications that they may be armed or the police have been told the subject is armed and the subject is not complying with the officer's commands, how quickly do you think that subject could become a threat to the officer or someone else? Police use the best information that they have at the time to determine their next action. Sometimes that information is great and sometimes it is not. When it's not and someone is shot and killed because of it, it's definitely a tragedy, but you can't always Monday-morning quarterback everything and determine what else the officer might have done. I'm sure that in every situation there are plenty of different things that can be done that might have the same or different outcomes, but just because one of those outcomes is a tragedy doesn't make it any less justified.

- Merg
 

disappoint

Lifer
Dec 7, 2009
10,137
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Thanks! Although trying to get people here to think that way is like herding cats, which makes me see my presence here is at least part of my character defense of a moral masochist -- to displace my anger at these police happenings on to people here for not doing their part to change it, even though it's clear I should expect little efficacy and much frustration in doing so by choosing this audience.

Actually herding cats sounds a lot easier! I used to have a cat that would come running if he was within earshot of a can of cat food opening, and boy did he have great hearing! I swear if he had ever been lost I wouldn't have to put up any "Cat: LOST" posters up. I would just have to stand on the roof and open a can of cat food and he would have arrived even if he were halfway around the globe by then. Pavlov would be proud. I think the modern term for that is anchoring isn't it?

Humans may not always know what they are filling their minds with but they sure are persistent in holding on to what nonsense they've already filled it with sometimes!
 

Pipeline 1010

Golden Member
Dec 2, 2005
1,941
767
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You do realize that cops in other jurisdictions have no legal authority to file charges against cops in another state, let alone another town or county?

Whenever a cop is killed or attacked I see many agencies outside of their jurisdiction converge on the scene to help with roadblocks, investigation, tracking, etc... Any of these men responding outside of their jurisdiction would gladly arrest someone who tried to kill a cop, even if they caught the scumbag outside of their own jurisdiction. You do realize that when properly motivated, arrests outside of a jurisdiction don't fucking matter? Let alone the dozens of cops who work INSIDE this particular jurisdiction who could make an arrest. My point stands. Again I ask where are all the good honest cops who don't like a scumbag making them look bad?

Action is ALWAYS faster than reaction. You can draw and fire a gun in less than a second.

Yes, you can lob an extremely poorly aimed bullet in a general direction in less than a second under extremely favorable circumstances. I can pull my trigger at least 3 times in one second with pre-aimed shots. I will almost always win. The chances I will lose are so astronomically low that I would have to be a complete pansy-ass coward to argue that I should just shoot just in case.

Just having your gun pointed at someone does in no way guarantee that someone will not get the drop on you.

Having your gun drawn and aimed on them is literally having the drop on someone. Unless you are a window-licking retard, you should be able to handle the situation. There are no guarantees of anything in life, but the irrationally cowardly fear of a stunningly unlikely outcome should never give anyone the right to kill.

Are you telling me that you could react to him turning that gun on you and firing it before you could fire?

I'm telling you I'm not a window-licking retard, so you do the math. I expect my police force to be bereft of window-licking retards.
So, if someone is giving indications that they may be armed or the police have been told the subject is armed and the subject is not complying with the officer's commands, how quickly do you think that subject could become a threat to the officer or someone else?

Non-compliance should never equal death. EVER. Actual threat should result in death. Not "someone said you have a gun".

Police use the best information that they have at the time to determine their next action.

This would be ideal, but it would seem that all too often police use their fear of the worst possible outcome no matter how unlikely it is to determine their next action. It comes across as cowardly.

Sometimes that information is great and sometimes it is not. When it's not and someone is shot and killed because of it, it's definitely a tragedy

Nobody should be allowed to kill someone because somebody else gave them bad info. If you are going to take a life you very fucking damn well better determine that you need to.

but you can't always Monday-morning quarterback everything and determine what else the officer might have done. I'm sure that in every situation there are plenty of different things that can be done that might have the same or different outcomes, but just because one of those outcomes is a tragedy doesn't make it any less justified.

Telling someone they shouldn't shoot an unconfirmed threat isn't "monday-morning quarterbacking". You don't get to condescendingly call common fucking sense "monday-morning quarterbacking". Ask 100 people on the street if they should kill someone just because they MIGHT be a threat and you will have 100 people say "no". Unless, of course, the people you ask happen to be cops.
 

The Merg

Golden Member
Feb 25, 2009
1,210
34
91
Whenever a cop is killed or attacked I see many agencies outside of their jurisdiction converge on the scene to help with roadblocks, investigation, tracking, etc... Any of these men responding outside of their jurisdiction would gladly arrest someone who tried to kill a cop, even if they caught the scumbag outside of their own jurisdiction. You do realize that when properly motivated, arrests outside of a jurisdiction don't fucking matter? Let alone the dozens of cops who work INSIDE this particular jurisdiction who could make an arrest. My point stands. Again I ask where are all the good honest cops who don't like a scumbag making them look bad?

Officers from another jurisdiction assisting in an investigation or tracking is usually based on specific memorandums of understanding between jurisdictions. And yes, arrests outside of a jurisdiction do matter. Arresting a murder suspect from another location and arresting subjects involved in a conspiracy to commit a crime are very different. In the prior case, there is very likely a warrant already out for the subject, which would make that arrest valid anywhere. In the latter case (or this one), there are no charges yet, so an officer from another jurisdiction cannot just make the arrest.

Yes, you can lob an extremely poorly aimed bullet in a general direction in less than a second under extremely favorable circumstances. I can pull my trigger at least 3 times in one second with pre-aimed shots. I will almost always win. The chances I will lose are so astronomically low that I would have to be a complete pansy-ass coward to argue that I should just shoot just in case.

No. The point is that if you let the person get a shot off, it could strike anyone. Also, if it happens to be that "astronomical chance" that the "you lose", that person is now free to go on and possibly be a danger to others. Do you really want to be the person that possibly let a person that could be a danger to society loose? Also, science will show that ACTION is always faster than REACTION. It doesn't matter if you are pre-aimed at the subject. It's been proven time and time again. You can have a gun pointed at a door all day and if someone bursts through it, they can shoot you before you shoot them.

Having your gun drawn and aimed on them is literally having the drop on someone. Unless you are a window-licking retard, you should be able to handle the situation. There are no guarantees of anything in life, but the irrationally cowardly fear of a stunningly unlikely outcome should never give anyone the right to kill.

It has nothing to do with fear or being a retard (which using that word is pretty offensive, by the way), but making sure that someone who is believed to be a threat is not able to commit harm to others.

I'm telling you I'm not a window-licking retard, so you do the math. I expect my police force to be bereft of window-licking retards.

So, you didn't actually answer the question. And to do the math, if he fired at gun at you like that, he would get the gun off before you could fire.

Non-compliance should never equal death. EVER. Actual threat should result in death. Not "someone said you have a gun".

Correct. But if someone says that and you give every indication that you have one and fail to comply with the officers and make a movement that would be expected of someone getting ready to draw and fire a gun...

This would be ideal, but it would seem that all too often police use their fear of the worst possible outcome no matter how unlikely it is to determine their next action. It comes across as cowardly.

That's the issue. It is impossible to determine someone's next action. If someone pulls a gun, they may have no intention of using it, but officers have to assume that the subject will use it. Law enforcement see the worst in people and unfortunately have to assume the worst most times.

Nobody should be allowed to kill someone because somebody else gave them bad info. If you are going to take a life you very fucking damn well better determine that you need to.

I didn't mean that someone says someone else has a gun and lies and then the cops just shoot them, but rather that they might have some bad information, but there are other indicators from the subject that seem to corroborate the original information.

Telling someone they shouldn't shoot an unconfirmed threat isn't "monday-morning quarterbacking". You don't get to condescendingly call common fucking sense "monday-morning quarterbacking". Ask 100 people on the street if they should kill someone just because they MIGHT be a threat and you will have 100 people say "no". Unless, of course, the people you ask happen to be cops.

No. The Supreme Court has said that you have to judge the incident according to how the officer perceived it at the time. You can't go back and look at what everyone else knew and view it from a different perspective.

Take a look at the shooting in CA... The subject was threatening people and acting erratic. Officers show up and try to talk to him, but he continues to act erratic. He keeps putting his hands in his pocket and the officer requests for him to take them out. The subject then draws an item out and sets up in a shooter's stance with the item pointed towards the officer. As far as the officer perceives and sees it, it appears to be a gun. Well, it turns out to be a vapor cigarette. It's a tragedy that the shooting happened, but it did. In that case, does the officer wait to see if the subject pulls a trigger?

- Merg
 
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The Merg

Golden Member
Feb 25, 2009
1,210
34
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Since nationalizing police was brought up I think it's worth mentioning John Oliver's piece on police accountability. Nationalizing seems to be a possible solution.

https://m.youtube.com/watch?v=zaD84DTGULo

While successful in many countries, it won't/can't happen here due to the strength of State's rights.

It is nice to see that the Federal Government is going to finally create a database to account for police shootings so that we will finally have an accurate tally.

- Merg
 

SMOGZINN

Lifer
Jun 17, 2005
14,218
4,446
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No. The point is that if you let the person get a shot off, it could strike anyone. Also, if it happens to be that "astronomical chance" that the "you lose", that person is now free to go on and possibly be a danger to others. Do you really want to be the person that possibly let a person that could be a danger to society loose?

As opposed to being the person that killed an innocent person because I thought a salami was a gun? Hell yes. Every time.
And that is what it really comes down to. Our system is supposed to be set up to make sure that a 100 guilty men go free rather than one innocent person go to jail, but somehow we now are saying that we should just kill an innocent man to ensure that no guilty man go free. It is an absolutely insane position.

Also, science will show that ACTION is always faster than REACTION. It doesn't matter if you are pre-aimed at the subject. It's been proven time and time again. You can have a gun pointed at a door all day and if someone bursts through it, they can shoot you before you shoot them.

I've actually done quick draw and Cowboy Action Shooting. I can tell you from experience that even highly practiced action shooters would be hard pressed to win in a scenario where someone already has drawn a bead on them. If the drop guy is not supposed to fire until you are already drawing you might be able to draw and fire first, maybe, but you are unlikely to hit anything at all. Most likely you are going to shoot the ground a few feet in front of you on your first shot, and will get the next couple of shots consecutively closer, but before you actually hit your target you will have three bullets in your chest. That is why you actually want to be the second person to fire in a quick draw shoot-off.

For some real life examples, in both the Luke Short - Jim Courtright and the Bill Hickok – Davis Tutt shootout the victor was the second man to draw. In reality in most quick draw duals the second person to fire is usually the victor.
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,329
126
It has nothing to do with fear or being a retard (which using that word is pretty offensive, by the way), but making sure that someone who is believed to be a threat is not able to commit harm to others.

- Merg

I'm sorry but officers routinely put innocent civilians and bystanders in greater harm in order to increase their safety and even they will always say they acted to prevent a perceived harm to themselves. The VAST majority of police shootings have nothing to do with the cops worrying about them being able to leave and commit harm to others.

Beyond that, I personally think that "believed to be a threat" is not an excuse to definitely make someone dead. It can be argued that in the cases of police shootings in which the person was not an imminent threat to life or even injury being shot and killed by the police, the police were the only "threat" in the situation. Taking that argument to the next logical place, would it be ok to employ deadly force against the officers in those cases? Take the case were the cop shot the guy, who was on the ground with his hands up, as he was trying to talk to a mental patient who had a toy truck. If I knew full well what the situation was and that they were no danger to anyone, and they most definitely were not, would it have been ok for me to shoot the cop once I believed the cop was about to pull the trigger?

Other than certain very specific leeways I don't think it's too much to ask that an officer of the law be required to use the same judgment that I do before pulling the trigger and face the same consequences if they are wrong. I also don't think that they should be able to put innocent people in greater, and often life threatening, danger in order to slightly increase their own safety. They chose to do a job that they claim is dangerous despite the numbers saying it's not particularly dangerous at all (sorry bud, dead is dead to the grieving family regardless of how you got dead) so they shouldn't be able to push the risk of the job they chose onto innocent people. Expecting them to make absurdly obvious observations that any idiot could make is something else that I expect, saying you didn't know that children were in the house when there is a tricycle and other toys in the front yard should be grounds for immediate termination. Expecting them to be responsible for their ordinance should also be a no-brainer just like I am responsible for every single bullet that leaves my gun regardless of how justified I am in pulling the trigger. Yet a cop can throw a flashbang grenade into a sleeping toddlers crib and he is still a cop to this day.

What are your thoughts on unions in most areas successfully negotiating for their cops to get 3 or 4 days before having to make any statement or report after they have killed someone in the line of duty? In some jurisdictions they must be given access to all evidence including video before making any statement or giving any report so that said statement or report doesn't conflict with the evidence. During that entire time they are generally on paid leave and able to contact all of their friends that were on the scene in order to get their story straight. Could you imagine giving criminals the same rights?
 

The Merg

Golden Member
Feb 25, 2009
1,210
34
91
Having your gun drawn and aimed on them is literally having the drop on someone. Unless you are a window-licking retard, you should be able to handle the situation. There are no guarantees of anything in life, but the irrationally cowardly fear of a stunningly unlikely outcome should never give anyone the right to kill.

I'm telling you I'm not a window-licking retard, so you do the math. I expect my police force to be bereft of window-licking retards.

Here's actual testing of the case where the officer has the drop on a subject and still loses...

https://www.youtube.com/watch?v=XaryDnFn1Ms

Yup, these guys must be window-licking r****...

- Merg
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
136
Here's actual testing of the case where the officer has the drop on a subject and still loses...

https://www.youtube.com/watch?v=XaryDnFn1Ms

Yup, these guys must be window-licking r****...

- Merg

From the part of the video I think you are referring to the person who 'has the drop' loses to someone who is training their weapon from a place in the absolute bottom right of their peripheral vision, a position from which it is very difficult to detect movement, giving the 'non-drop' person an enormous advantage that would not be present in real life. (to be clear though I didn't watch it with the sound on so maybe this is addressed somehow?)

If that glaring flaw isn't in some way addressed then it's hard to imagine how that's a good example.
 

The Merg

Golden Member
Feb 25, 2009
1,210
34
91
I'm sorry but officers routinely put innocent civilians and bystanders in greater harm in order to increase their safety and even they will always say they acted to prevent a perceived harm to themselves. The VAST majority of police shootings have nothing to do with the cops worrying about them being able to leave and commit harm to others.

What do you mean that officers routinely put innocent citizens in greater harm? Officers will (and should) always try to put themselves between citizens and the threat or move citizens out of the way. And saying they will ALWAYS say they acted to prevent a perceived threat to themselves is using that broad brush to paint every cop involved in a shooting as to why they shot. Once again, not true. Even if we accept that as a reason, the immediate threat created by a subject is most likely going to be towards the police officer. The police officer is the one challenging the subject, so if the subject is going to respond or take action, they are going to do it towards the person challenging them.

Beyond that, I personally think that "believed to be a threat" is not an excuse to definitely make someone dead. It can be argued that in the cases of police shootings in which the person was not an imminent threat to life or even injury being shot and killed by the police, the police were the only "threat" in the situation. Taking that argument to the next logical place, would it be ok to employ deadly force against the officers in those cases? Take the case were the cop shot the guy, who was on the ground with his hands up, as he was trying to talk to a mental patient who had a toy truck. If I knew full well what the situation was and that they were no danger to anyone, and they most definitely were not, would it have been ok for me to shoot the cop once I believed the cop was about to pull the trigger?

"Believed to be a threat" can be an absolute reason for the use of deadly force. If a person is pointing a gun at an officer and not dropping it when commanded it and continues to disregard commands, they would be believed to be a threat. While there might be officers out there that will not shoot, an officer would be justified in shooting that subject. There is a definitely grayness in what "believed to be a threat" is and an officer better dang well be able to articulate why they shot though.

As for the therapist that was shot while lying on the ground, I don't think that was a good shoot and it should not have happened.

Other than certain very specific leeways I don't think it's too much to ask that an officer of the law be required to use the same judgment that I do before pulling the trigger and face the same consequences if they are wrong. I also don't think that they should be able to put innocent people in greater, and often life threatening, danger in order to slightly increase their own safety. They chose to do a job that they claim is dangerous despite the numbers saying it's not particularly dangerous at all (sorry bud, dead is dead to the grieving family regardless of how you got dead) so they shouldn't be able to push the risk of the job they chose onto innocent people. Expecting them to make absurdly obvious observations that any idiot could make is something else that I expect, saying you didn't know that children were in the house when there is a tricycle and other toys in the front yard should be grounds for immediate termination. Expecting them to be responsible for their ordinance should also be a no-brainer just like I am responsible for every single bullet that leaves my gun regardless of how justified I am in pulling the trigger. Yet a cop can throw a flashbang grenade into a sleeping toddlers crib and he is still a cop to this day.

We'll continue to agree to disagree here. There is no other job where when you go to work where people will actively try to assault and kill you just because of what you do for a living. While other jobs might have a higher death rate per capita than law enforcement, the huge majority of deaths in those professions are preventable. (And yes, it is a huge tragedy when someone loses their life when that death could have been prevented.) That is not the case in law enforcement where half, if not more, of the deaths are due to someone else intentionally trying to cause harm.

Police are responsible for every round they fire. They do have to be aware of their target and what is beyond. The flashbang story is a huge tragedy, but the big difference between a police officer doing that and you doing that would be that there is no criminal intent in harming that child. I agree it never should have happened. The system used during the execution of that search warrant failed. I don't know if the policies in place with the department were not adequate or if the officer involved broke policy. Obviously, if he broke policy, there should be repercussions for that and in the case of a death, I don't think that termination should be out of the question. However, if the officers acted within policy (and the policy itself was not adequate), I don't think the officer should be held completely responsible.

As an example, and I don't know ALL the facts of this case, say it happened this way... The officer that used the flashbang was assigned to that position during the briefing for the search warrant. He hasn't seen the house yet and is not involved in the case except for the execution of the warrant. He shows up and at the time of the search warrant isn't in a position to see the toys in the yard and executes his job as he is supposed to do. How much responsibility does that officer hold? When doing police work, officers need to rely on information from other officers and can't themselves always take the time to perform a full investigation themselves before making a decision. I would hope that if the briefing for this search warrant had mentioned that there were no children in the house and officer saw the toys outside that he would question that. But, what if they had been told that there are children in the household, but that they were all out of the house?

What are your thoughts on unions in most areas successfully negotiating for their cops to get 3 or 4 days before having to make any statement or report after they have killed someone in the line of duty? In some jurisdictions they must be given access to all evidence including video before making any statement or giving any report so that said statement or report doesn't conflict with the evidence. During that entire time they are generally on paid leave and able to contact all of their friends that were on the scene in order to get their story straight. Could you imagine giving criminals the same rights?

When an officer is involved in a shooting and doesn't give a statement right away, they don't get to call all their friends and get their story straight. While they might have a day or two to get their thoughts in order, they are not allowed to talk over the incident with others involved.

The paid leave thing is not a "benefit" that officers have. When an officer is involved in a shooting, they are not allowed to work again until the investigation into the shooting is completed. If any officer that was involved in a shooting was immediately put on unpaid leave, you would be punishing that officer before you knew what happened. Just like criminals are supposed to be innocent until proven guilty, when an officer is involved in a shooting, it is taken that the officer was performing their job, however, it needs to be investigated to make sure the shooting was lawful and within department policy. During that time, the officer is put on paid leave. It is not a "vacation" and does not mean the officer is not working at all, but could mean that the officer is on restricted duty.

As an example of this, at a department near me, a bunch of officers were on restricted duty for almost 8 months due to what was considered an in-custody death. An autistic man wandered off from a group trip and was located by a crisis intervention trained officer, who was able to get him calmed down. Right before his caregiver showed up, the man got agitated again and tried to run into traffic. The officer grabbed him and struggle ensued and the man was tackled to the ground. Rescue showed up to treat him for a scrape on his head and while there the man just slumped over and died. It was determined that he had a heart attack from the physical struggle, so it was deemed a homicide. The officers that were present were all put on "leave" for 8 months while case was investigated and presented to Commonwealth Attorney, who determined that no crime had occurred. I don't think those officers would have considered that 8 months a vacation knowing they did nothing wrong.

- Merg
 

The Merg

Golden Member
Feb 25, 2009
1,210
34
91
From the part of the video I think you are referring to the person who 'has the drop' loses to someone who is training their weapon from a place in the absolute bottom right of their peripheral vision, a position from which it is very difficult to detect movement, giving the 'non-drop' person an enormous advantage that would not be present in real life. (to be clear though I didn't watch it with the sound on so maybe this is addressed somehow?)

If that glaring flaw isn't in some way addressed then it's hard to imagine how that's a good example.

If you look at the video, they are actually angled so that the "officer" has a better ability to see the "suspect". They are not just standing right next to each other. I do agree that it would be an even better video if they had faced each other using simunition rounds, but I still think it makes a valid point.

I do think that the "stress" component is very valid though as it shows how the reaction time is slowed by the "officer" just by adding a little stress.

- Merg
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,329
126
What do you mean that officers routinely put innocent citizens in greater harm? Officers will (and should) always try to put themselves between citizens and the threat or move citizens out of the way. And saying they will ALWAYS say they acted to prevent a perceived threat to themselves is using that broad brush to paint every cop involved in a shooting as to why they shot. Once again, not true. Even if we accept that as a reason, the immediate threat created by a subject is most likely going to be towards the police officer. The police officer is the one challenging the subject, so if the subject is going to respond or take action, they are going to do it towards the person challenging them.

A great example is the insanely huge increase in no-knock warrants, more than a few of which involve shots being unnecessarily fired. Any time a gun is fired in a residential setting innocent people are put at risk of catching a stray round or a ricochet. Anytime a person is needlessly shot in the streets innocent people are put at much greater risk of being harmed. Then there is the emotional harm that is done.

"Believed to be a threat" can be an absolute reason for the use of deadly force. If a person is pointing a gun at an officer and not dropping it when commanded it and continues to disregard commands, they would be believed to be a threat. While there might be officers out there that will not shoot, an officer would be justified in shooting that subject. There is a definitely grayness in what "believed to be a threat" is and an officer better dang well be able to articulate why they shot though.

We should set some terms. A person who is pointing a gun at you IS a threat and not "believed to be" a threat. A person who is simply not complying but has no visible way to inflict great harm before you are able to employ adequate force to subdue them is believed to be a threat. There is a huge difference between the two.
As for the therapist that was shot while lying on the ground, I don't think that was a good shoot and it should not have happened.

You didn't answer my question.

We'll continue to agree to disagree here. There is no other job where when you go to work where people will actively try to assault and kill you just because of what you do for a living. While other jobs might have a higher death rate per capita than law enforcement, the huge majority of deaths in those professions are preventable. (And yes, it is a huge tragedy when someone loses their life when that death could have been prevented.) That is not the case in law enforcement where half, if not more, of the deaths are due to someone else intentionally trying to cause harm.

Are you saying that one is more dead than the other? Are you saying that ones family grieves more than the other? Are you saying that ones family loss is greater than the other?

Police are responsible for every round they fire.

That's complete rubbish and you know it. The flashbang story is a perfect example, the officer was not fired nor charged with a crime. Hell the city/department even refused to pay for the medical bills for the severe injury to the innocent child that there flashbang caused. Exactly how were they responsible for that specific round?

They do have to be aware of their target and what is beyond. The flashbang story is a huge tragedy, but the big difference between a police officer doing that and you doing that would be that there is no criminal intent in harming that child. [/quote]

If I was lawfully defending myself outside of that home and during the course of that lawful defense one of my stray bullets struck that very same child I would be charged with a crime, as I should. The difference would be that I was actually defending myself from a very real threat while the cop was "defending" himself from a completely non-existent threat and put innocent people in danger, severely injuring a baby in the process, in an attempt to increase his perceived safety.

I agree it never should have happened. The system used during the execution of that search warrant failed. I don't know if the policies in place with the department were not adequate or if the officer involved broke policy. Obviously, if he broke policy, there should be repercussions for that and in the case of a death, I don't think that termination should be out of the question. However, if the officers acted within policy (and the policy itself was not adequate), I don't think the officer should be held completely responsible.

He employed munitions without knowing where they were going or if there was an innocent persons in it's destructive path. That is the very definition of negligence, policy be damned.

As an example, and I don't know ALL the facts of this case, say it happened this way... The officer that used the flashbang was assigned to that position during the briefing for the search warrant. He hasn't seen the house yet and is not involved in the case except for the execution of the warrant. He shows up and at the time of the search warrant isn't in a position to see the toys in the yard and executes his job as he is supposed to do. How much responsibility does that officer hold? When doing police work, officers need to rely on information from other officers and can't themselves always take the time to perform a full investigation themselves before making a decision. I would hope that if the briefing for this search warrant had mentioned that there were no children in the house and officer saw the toys outside that he would question that. But, what if they had been told that there are children in the household, but that they were all out of the house?

Expecting people who are about to storm a house to perform absurdly basic "detective" work is not in anyway shape or form unreasonable. Regardless, we still come back to the fact that he threw munitions without knowing where they were going and if they would put anyone in extreme danger.

When an officer is involved in a shooting and doesn't give a statement right away, they don't get to call all their friends and get their story straight. While they might have a day or two to get their thoughts in order, they are not allowed to talk over the incident with others involved.

Oh come on, we both know that very often those few days to "get their thoughts in order" are used to call their friends or simply talk to them at work. Again, would you argue that we should automatically give criminals the very same rights including the ability to go home and talk to whoever they please and in some areas see all evidence of the shooting before giving any statements?
 

Darwin333

Lifer
Dec 11, 2006
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If you look at the video, they are actually angled so that the "officer" has a better ability to see the "suspect". They are not just standing right next to each other. I do agree that it would be an even better video if they had faced each other using simunition rounds, but I still think it makes a valid point.

I do think that the "stress" component is very valid though as it shows how the reaction time is slowed by the "officer" just by adding a little stress.

- Merg

I would argue that the officers vision of the "suspect" is still severely impaired and does not reflect most real world situations. I would argue, based on known reaction times, that is far more likely that the "officer" is reacting to the sound versus his peripheral vision.

The stress test is interesting but I would love to see it ran in a much more realistic scenario. Heck they could use airsoft guns and get better results imho.
 

The Merg

Golden Member
Feb 25, 2009
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A great example is the insanely huge increase in no-knock warrants, more than a few of which involve shots being unnecessarily fired. Any time a gun is fired in a residential setting innocent people are put at risk of catching a stray round or a ricochet. Anytime a person is needlessly shot in the streets innocent people are put at much greater risk of being harmed. Then there is the emotional harm that is done.

With regard to the no-knock warrants, I don't know if we can say there has been an increase or not in them. I did a quick search and I did not really find any numbers on them from year to year. However, you look at it though, in order for those warrants to happen, a judge is approving them. I don't think we can fault just law enforcement for the number of no-knock warrants, however many there are.

And yes, if an innocent person is shot or a gun is fired in a residential setting, innocent people could be at risk. However, even if you look at the numbers from the Washington Post with regards to deadly police shootings, the number of people shot that were innocent is extremely low. That is not to say that those that are innocent and killed is not a tragedy.

We should set some terms. A person who is pointing a gun at you IS a threat and not "believed to be" a threat. A person who is simply not complying but has no visible way to inflict great harm before you are able to employ adequate force to subdue them is believed to be a threat. There is a huge difference between the two.

Okay, well what about this situation out of Vermont? Subject is wanted for burglary and possibly a robbery and runs from the police. He is known to have had weapons in the past. When finally confronted, he ignores the officers orders and reaches behind his back. Is he just believed to be a threat or is he a threat? Does the officer need to wait for him to produce the weapon, at which time it would probably be too late to react to it?

https://www.youtube.com/watch?v=2zhOYHYxz18

You didn't answer my question.

Sorry, missed that...

I think it is a tricky situation. There are some states that say that using force against an unlawful order or unlawful force from law enforcement is legal.

Are you saying that one is more dead than the other? Are you saying that ones family grieves more than the other? Are you saying that ones family loss is greater than the other?

Absolutely not. I'm saying that many deaths are absolutely preventable and should not have happened either due to something the victim did or something someone else did, be it negligence or an accident. In the case of law enforcement, half of the deaths are intentional. Let me ask you this, if half of the deaths in your business were intentional, how many people would actually continue to come to work knowing that if someone is killed, it is because someone else intentionally wanted to cause it?

And you saying that police work is not a dangerous job is not accurate either. While it is not in the top 10 of what are considered to be dangerous jobs, last I checked, it is still in the top 15 or so. I'd say that's still pretty darn dangerous considering all the other occupations people can have. And I'll go back to again that of the jobs that are more dangerous, many of those deaths are preventable, which makes it a tragedy in itself.

That's complete rubbish and you know it. The flashbang story is a perfect example, the officer was not fired nor charged with a crime. Hell the city/department even refused to pay for the medical bills for the severe injury to the innocent child that there flashbang caused. Exactly how were they responsible for that specific round?

I did some research on this event. Due to the negligence of the officers responsible for the search warrant, I think the County/Department should have ponied up for the medical bills, which it appears they did eventually as part of a settlement. The officer that wrote the affidavit for the warrant is no longer working there. I couldn't find out if this case is why she left though.

If I was lawfully defending myself outside of that home and during the course of that lawful defense one of my stray bullets struck that very same child I would be charged with a crime, as I should. The difference would be that I was actually defending myself from a very real threat while the cop was "defending" himself from a completely non-existent threat and put innocent people in danger, severely injuring a baby in the process, in an attempt to increase his perceived safety.

Actually, you wouldn't be charged in that case. The person that caused you to defend yourself would be charged in that child's death.

He employed munitions without knowing where they were going or if there was an innocent persons in it's destructive path. That is the very definition of negligence, policy be damned.

I spoke to someone I know that does this work. He stated that flashbangs should be deployed by hand only and that they will try to deploy them in the entrance to a room. If there are people in the room, they are supposed to make sure that the area it is deployed in is clear of people.

Expecting people who are about to storm a house to perform absurdly basic "detective" work is not in anyway shape or form unreasonable. Regardless, we still come back to the fact that he threw munitions without knowing where they were going and if they would put anyone in extreme danger.

I don't think it is unreasonable either. I amazed to hear when a search warrant is on the wrong location (compared to what the search warrant says). If a briefing is done correctly, especially if a SWAT team is executing it, they should know exactly what the house looks like from the outside (if not the inside as well) as well as the address and any specific things that make the house stand out.

Oh come on, we both know that very often those few days to "get their thoughts in order" are used to call their friends or simply talk to them at work. Again, would you argue that we should automatically give criminals the very same rights including the ability to go home and talk to whoever they please and in some areas see all evidence of the shooting before giving any statements?

Things are little different between law enforcement and the general public though. In law enforcement, the idea that you might need to use deadly force is actually part of your job. So, yes they will be treated differently.

And I won't assume that they spend those few days calling their friends and talking about the shooting. And they won't be back at work. Immediately after the shooting, they are put on restricted duty, so at first they are stuck at home until they are allowed to come back and do office work.

I realize there is the whole idea of holding people responsible for their actions. And I do agree with that, but in law enforcement, you cannot say that every mistake a police officer makes should lead to criminal charges. While someone innocent being killed is tragic, at what level do you say that a mistake is not criminal? An officer is trying to subdue a subject and in the process takes what might be considered an extra swing with a baton. Is that an assault that the officer should be charged with?

- Merg
 

The Merg

Golden Member
Feb 25, 2009
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The stress test is interesting but I would love to see it ran in a much more realistic scenario. Heck they could use airsoft guns and get better results imho.

Hence my remark about the simunitions. Better than airsoft. The firearm is loaded with rounds that have paint in them. For all purposes, it is the same as shooting the gun, but the only "damage" is some paint on you if you get shot.

And I don't know if the vision of the "suspect" is severely impacted. I would gather in this scenario that the "officer" knowing the "suspect" is there is looking for any movement in their peripheral vision.

- Merg
 

Darwin333

Lifer
Dec 11, 2006
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With regard to the no-knock warrants, I don't know if we can say there has been an increase or not in them. I did a quick search and I did not really find any numbers on them from year to year. However, you look at it though, in order for those warrants to happen, a judge is approving them. I don't think we can fault just law enforcement for the number of no-knock warrants, however many there are.

And yes, if an innocent person is shot or a gun is fired in a residential setting, innocent people could be at risk. However, even if you look at the numbers from the Washington Post with regards to deadly police shootings, the number of people shot that were innocent is extremely low. That is not to say that those that are innocent and killed is not a tragedy.
- Merg



You didn't search very hard. It's a fact that no knock raids have been vastly increased over the last 25 years. As a matter of fact the vast majority of the nations thousands of SWAT teams serve no purpose other than to serve drug warrants on mostly non-violent people, ie a low risk warrant. The only excuse used is so people aren't given the chance to destroy evidence. Instead of sending in a paramilitary unit, often with tragic results the police could simply wait outside the home for the suspect to leave and then arrest him in the open. Here you go:

The same ACLU study reported, "Of the cases we studied, in 36 percent of SWAT deployments for drug searches, and possibly in as many as 65 percent of such deployments, no contraband of any sort was found."

Do you fully grasp the above? In at least a full THIRD of cases in which the SWAT teams use military style weapons and tactics to serve warrants no contraband is found whatsoever. The home in which they just broke down the door and half a dozen or more men armed with assault weapons and flashbang grenades, the people scared shitless and held at gunpoint, children severely traumatized, dogs shot, house turned upside down and all kinds of property damage did not contain any contraband they were looking for. That statistic alone should have these types of tactics shelved for all but the most dangerous of situations.

In 2003, then-NYPD Commissioner Ray Kelly estimated that 10 percent of the more than 450 no-knock raids his officers carried out every month went to the wrong address. "That estimate came after a wrong-door raid resulted in the homeowner's death: when police broke into the home of 57-year-old Alberta Spruill and threw in a flash-bang grenade, the shock gave her a fatal heart attack," Vox reported.
http://www.newsmax.com/FastFeatures/no-knock-raids-SWAT-facts-figures/2015/06/19/id/651434/

Please explain to me how the above is not breaking and entering and felony murder at the very least.

In 1981, for example, there were 3,000 no knock warrants executed in America. In 2005, just 24 years later, this number skyrocketed to over 50,000no knock raids.

Forty innocent people and 20 nonviolent offenders have been killed in raids since 1995. (Remember that there is no standard for police reporting shootings so tracking numbers like this is virtually impossible so this is on the absurdly low side)

https://www.sott.net/article/276655...-causing-needless-deaths-of-innocent-suspects

Cato institute white paper on the increase in no knock raids along with an interactive map of botched no knock raids.
http://www.cato.org/raidmap

Really good documentary that I highly recommend you watch that was made by the founder of his areas SWAT team. https://www.amazon.com/Peace-Office...990&sr=1-1&keywords=peace+officer+documentary

It's not only innocent civilians and non-violent offenders that are getting hurt and killed either. Here is a man that shot and killed an officer during a no-knock raid and the grand jury refused to indict him: https://reclaimourrepublic.wordpres...ying-radar-devices-that-see-inside-your-home/

So much for officer safety huh?

No-knock/Swat raids increase from 3,000 a year to as many as 80,000 per year.
https://www.washingtonpost.com/news...the-use-of-swat-teams/?utm_term=.cf9f470df0c6

30 years ago, only 25.6 percent of communities with populations between 25,000 and 50,000 people had a SWAT team, today over 80% have them. Only 7% of SWAT deployments are for "hostage, barricaded or active shooters".


I will get to the rest of your post but figured I'd break this out into it's own post since there is so much info on this one topic.

And yes, a judge does have to sign off on it but usually it's at the request of the police AND it still doesn't mean that the excessive tactics they use while serving low level search warrants against non-violent people must be used. So there you go, upwards of 80,000 paramilitary raids a year that put innocent people in grave danger, sometimes with fatal results, all in the name of "officer safety". The police chose what you call a very dangerous job and as such they shouldn't be allowed to increase the risk and danger to the public in order to slightly (and even negatively) increase their perceived safety. You don't see firemen putting people in greater danger/risk in order to increase their safety and they are running into situations that they know without a shadow of a doubt are dangerous.

Edit: I would like to add that just because the person shot wasn't "innocent" does not mean that they weren't needlessly killed. The war vet who was defending his home and family who was shot some 60 times and then denied medical care was surely not included in the "innocent" category despite the fact that had the cops not used the tactics that they did he would be alive today. I'll remind you that those cops also lied and said that he fired first despite finding the gun with the safety still on and the gun not being recently fired. Just another example of officer safety over the safety of civilians, I could cite so many more examples but if you are interested the interactive map that I posted in a previous post is a good place to start.
 
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Darwin333

Lifer
Dec 11, 2006
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Multiple officers with guns on a subject and he still gets rounds off before they do...

http://www.azfamily.com/story/33291...ice-shooting-released-warning-graphic-content

And you can see they even try to end the situation by Tasing the subject first.

- Merg

I have never personally argued that a subject commanded to drop a gun and given ample time to do so isn't a deadly threat to officers. I personally would have had no problem if they had employed deadly force sooner but I do applaud their restraint.

I did notice that they were equipped with nice fancy offensive weapons but didn't have a single ballistic shield which would very likely have prevented the officer from being shot. Ballistic shields aren't as fun as black rifles I guess. BTW, I have no problem with the SWAT team, or some other form of paramilitary unit, being used in this case since the warrant was for a stolen weapon.
 

Darwin333

Lifer
Dec 11, 2006
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Hence my remark about the simunitions. Better than airsoft. The firearm is loaded with rounds that have paint in them. For all purposes, it is the same as shooting the gun, but the only "damage" is some paint on you if you get shot.

And I don't know if the vision of the "suspect" is severely impacted. I would gather in this scenario that the "officer" knowing the "suspect" is there is looking for any movement in their peripheral vision.

- Merg

That would be even better, although I will take your real world example as proof but then again I've never argued that a person holding a gun and refusing to drop it, after given time to do so, wasn't a clear and immediate threat in almost every situation. That's why I dislike the use of the crazy high number of unnecessary no-knock warrants because it can put a person in "reaction mode" to their door being kicked in and all hell breaking loose before they have a chance to process that it's the police resulting in unnecessary shots being fired and people, both cops and civilians, needlessly being shot. Even when no shots are fired, or just the family dog gets killed, tons of innocent people have been traumatized by these tactics as would anyone who had a paramilitary group kick down their door in the middle of the night and hold them and their families at gunpoint.
 

Darwin333

Lifer
Dec 11, 2006
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Okay, well what about this situation out of Vermont? Subject is wanted for burglary and possibly a robbery and runs from the police. He is known to have had weapons in the past. When finally confronted, he ignores the officers orders and reaches behind his back. Is he just believed to be a threat or is he a threat? Does the officer need to wait for him to produce the weapon, at which time it would probably be too late to react to it?

https://www.youtube.com/watch?v=2zhOYHYxz18
I promised to get to the rest of your post:

That is a good shoot. Believed to be armed, hand behind his back like he is concealing a weapon and making aggressive and threatening movement towards the officer. Honestly it looked like suicide by cop. OTOH if he was standing calmly I would expect the officer to show a bit more restraint, in this case the officer showed exactly as much restraint as I would expect, maybe even a second or so more restraint.

My point is simple, not obeying commands does put you in the "believed to be a threat" category but that in and of itself does not justify the use of deadly force. In the above situation there are all kinds of other factors that went into the use of deadly force besides simply refusing to comply with orders. It's very easy to make an argument that everyone an officer encounters could potentially be believed to be a threat.

Sorry, missed that...

I think it is a tricky situation. There are some states that say that using force against an unlawful order or unlawful force from law enforcement is legal.

Lets take the hypothetical to the extreme. Let's assume that you know all of the facts at the time and you know for a fact that the officer is about to shoot an innocent person who poses no threat to anyone. Do YOU think that it would be ok to shoot and kill the officer in order to prevent that from happening, law be damned, your own opinion.


Absolutely not. I'm saying that many deaths are absolutely preventable and should not have happened either due to something the victim did or something someone else did, be it negligence or an accident. In the case of law enforcement, half of the deaths are intentional. Let me ask you this, if half of the deaths in your business were intentional, how many people would actually continue to come to work knowing that if someone is killed, it is because someone else intentionally wanted to cause it?

And you saying that police work is not a dangerous job is not accurate either. While it is not in the top 10 of what are considered to be dangerous jobs, last I checked, it is still in the top 15 or so. I'd say that's still pretty darn dangerous considering all the other occupations people can have. And I'll go back to again that of the jobs that are more dangerous, many of those deaths are preventable, which makes it a tragedy in itself.

Again, dead is dead. And yes, they would still keep coming to work assuming that the risk of death was exactly the same. And I don't mean to imply that they don't have a dangerous job at all simply that it's not nearly as dangerous as they say that it is.

I did some research on this event. Due to the negligence of the officers responsible for the search warrant, I think the County/Department should have ponied up for the medical bills, which it appears they did eventually as part of a settlement. The officer that wrote the affidavit for the warrant is no longer working there. I couldn't find out if this case is why she left though.

Oh lets delve into that situation a bit.

First of all, the female officer who obtained the warrant resigned while the child was still in a coma. All evidence supports that she obtained the warrant by lying and using false information. She was even indicted but we all know how trials against cops go. The officer who threw the flashbang itself was still on the job a year later, I can't find anything on him more current but he damn sure wasn't terminated for throwing munitions into an area in which he had no knowledge of what was there leading to the severe and lifelong injuries to a sleeping baby.

The Sherrif's office initially refused to pay just the medical bills. They finally settled after it was found that the person who obtained the warrant did so absurdly negligently and even their own grand jury said the SWAT team conducted the raid "hurriedly and sloppily". They damn sure didn't want the suit to go to court so after fighting for quite a long time not to pay, they eventually settled.

Also please note that the settlement was at least $60,000 LESS than the medical bills and included nothing to help the poor child with injuries and severe scarring that he will have to deal with for the entirety of his life which has barely just begun.

EVERYTHING about this situation was wrong and fucked up, from the warrant itself which should have never been sought nor should it have been signed (the judge that signed it also resigned) to the execution and tactics of the raid. It should also be noted that the person they were after was later apprehended in a different residence and they didn't require the use of a flashbang to apprehend him.

So I will ask one more time,where exactly is the accountability??? The family wasn't even made whole financially, no one was terminated, no one went to jail, the person who put munitions into a home without knowing a child was sleeping exactly where it was thrown was not disciplined and kept his job and the only people who didn't remain employed willfully resigned.


Actually, you wouldn't be charged in that case. The person that caused you to defend yourself would be charged in that child's death.

The real world begs to differ. A Miami man was arrested and charged with murder when a stray bullet killed an innocent bystander while he was legally defending himself. After sitting in jail for quite a while and a ton of legal fees a judge finally dropped the charges based on Florida's controversial "stand your ground" law.

I spoke to someone I know that does this work. He stated that flashbangs should be deployed by hand only and that they will try to deploy them in the entrance to a room. If there are people in the room, they are supposed to make sure that the area it is deployed in is clear of people.

I would say that throwing it into a rather large playpen would imply that he didn't ensure the area was clear of people.

I don't think it is unreasonable either. I amazed to hear when a search warrant is on the wrong location (compared to what the search warrant says). If a briefing is done correctly, especially if a SWAT team is executing it, they should know exactly what the house looks like from the outside (if not the inside as well) as well as the address and any specific things that make the house stand out.

I would think it reasonable that at least one or two of the people that will be conducting the raid, preferably the ones in charge, do a minimum of due diligence and inspect the area/home to the best of their ability before the raid is carried out. I'm not asking them to do anything that might blow their cover but in the above case there was a car with four freaking car seats in it parked right next to the door. The absolute smallest amount of "detective" work should have told them that there were children present and as such incendiary devices should not be used. Again, officer safety before the safety of innocent civilians.

Things are little different between law enforcement and the general public though. In law enforcement, the idea that you might need to use deadly force is actually part of your job. So, yes they will be treated differently.

They also have much higher training and are given a gun and badge by the state. They should be held to a higher standard, not a lower one.

And I won't assume that they spend those few days calling their friends and talking about the shooting. And they won't be back at work. Immediately after the shooting, they are put on restricted duty, so at first they are stuck at home until they are allowed to come back and do office work.

So you refuse to assume that a person will do what is in their best interests when given the chance to do so in a way that it is virtually impossible for them to get caught despite it being basic human nature? That's interesting, do you assume similar things about other professions or is it just cops that you think are able to suppress desire to avoid repercussions for their mistakes? There is a mountain of evidence that says you are wrong about that even though I know there are a few anecdotal stories in all fields that you could present.

I realize there is the whole idea of holding people responsible for their actions. And I do agree with that, but in law enforcement, you cannot say that every mistake a police officer makes should lead to criminal charges. While someone innocent being killed is tragic, at what level do you say that a mistake is not criminal? An officer is trying to subdue a subject and in the process takes what might be considered an extra swing with a baton. Is that an assault that the officer should be charged with?

- Merg

While what we consider levels of responsibilities\accountability will probably never be the same I think that even you can agree that there is some sort of middle ground between the current state of virtually no accountability and what people on the other side want. Personally I would be happy with non-invested 3rd parties investigating police versus internal investigations and special prosecutors that do not rely on the cooperation of cops to do their day to day jobs. Imagine the absurdity of disbanding OSHA and allowing a construction company to investigate a workplace death and police themselves on safety policies 95% of the time.

How about a basic starting point. If you raid the wrong house, especially if you raid the wrong address and therefore do not have the legal authority to enter said house and someone dies because of it then it is considered felony murder? The felonies are breaking and entering, kidnapping, destruction of property and a slew of other charges since you had absolutely zero legal right to break into the home and hold the occupants at gunpoint. How does that sound for accountability? I bet if that happened just once we would see search warrants executed on the wrong house drop to virtually zero over night as it is usually absurdly easy to verify an address and in cases that you can't be 100% sure other tactics can be used in order to protect innocent civilians.

I am awarded contracts for properties that I have not visited all the time. Do you think I can go out, get the wrong property, rip half the roof off and then say "ooops, wrong house" and leave? Hell no, I am held accountable for getting it wrong and the property owner just got a brand new roof for free and I am hoping that they are satisfied with just that. They can easily and rightfully demand that I pay them even more for any and all interruptions and just the aggravation of having an unwanted construction project and my guys can even be arrested for trespassing.
 

OverVolt

Lifer
Aug 31, 2002
14,278
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An adrenaline'd up human can close ~20-22 feet before you can draw a gun and get the drop on you.
 
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The Merg

Golden Member
Feb 25, 2009
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Holy crud, our posts are getting long... LOL!

I promised to get to the rest of your post:

That is a good shoot. Believed to be armed, hand behind his back like he is concealing a weapon and making aggressive and threatening movement towards the officer. Honestly it looked like suicide by cop. OTOH if he was standing calmly I would expect the officer to show a bit more restraint, in this case the officer showed exactly as much restraint as I would expect, maybe even a second or so more restraint.

My point is simple, not obeying commands does put you in the "believed to be a threat" category but that in and of itself does not justify the use of deadly force. In the above situation there are all kinds of other factors that went into the use of deadly force besides simply refusing to comply with orders. It's very easy to make an argument that everyone an officer encounters could potentially be believed to be a threat.

I think we are overlapping a bit in what is "believed to be a threat" and what is a "threat". In the case above, I would argue that he is "believed to be a threat" as you don't see an actual weapon yet, however, I think it was a good shoot. You say he is a "threat" at that time. Obviously, this is a very gray area that can probably only be looked at on a case by case basis.

Lets take the hypothetical to the extreme. Let's assume that you know all of the facts at the time and you know for a fact that the officer is about to shoot an innocent person who poses no threat to anyone. Do YOU think that it would be ok to shoot and kill the officer in order to prevent that from happening, law be damned, your own opinion.

Trurthfully, I'm not sure. If the police officer is truly breaking the law, then I would hope you would be justified in taking action.

Again, dead is dead. And yes, they would still keep coming to work assuming that the risk of death was exactly the same. And I don't mean to imply that they don't have a dangerous job at all simply that it's not nearly as dangerous as they say that it is.

Are you really sure about that. If you knew that most of the deaths (95%, if not more) in your occupation are due to accidents and negligence and that you could avoid that by working with people that due the job well and look out for each other, I'm sure you would be more comfortable going to work than knowing that if you go to work that half the deaths of people in your profession were because someone wants to kill you just because of your job and there is nothing that you can do about that.

And according to Time magazine, law enforcement is the 15th most dangerous job in 2014. That's still pretty darn dangerous. Looking at 2015 numbers, they would move up to 14, The number they list for 2014 is actually lower than what is listed on ODMP. And yes, roofing is very dangerous and shows as such on the chart. But, how many of the deaths were truly preventable? How many of those deaths are due to someone not being trained correctly (or at all) or due to someone not wearing a harness or using a ladder incorrectly? How many are because someone came up and killed that person because they are a roofer?

Oh lets delve into that situation a bit.

First of all, the female officer who obtained the warrant resigned while the child was still in a coma. All evidence supports that she obtained the warrant by lying and using false information. She was even indicted but we all know how trials against cops go. The officer who threw the flashbang itself was still on the job a year later, I can't find anything on him more current but he damn sure wasn't terminated for throwing munitions into an area in which he had no knowledge of what was there leading to the severe and lifelong injuries to a sleeping baby.

The Sherrif's office initially refused to pay just the medical bills. They finally settled after it was found that the person who obtained the warrant did so absurdly negligently and even their own grand jury said the SWAT team conducted the raid "hurriedly and sloppily". They damn sure didn't want the suit to go to court so after fighting for quite a long time not to pay, they eventually settled.

Also please note that the settlement was at least $60,000 LESS than the medical bills and included nothing to help the poor child with injuries and severe scarring that he will have to deal with for the entirety of his life which has barely just begun.

EVERYTHING about this situation was wrong and fucked up, from the warrant itself which should have never been sought nor should it have been signed (the judge that signed it also resigned) to the execution and tactics of the raid. It should also be noted that the person they were after was later apprehended in a different residence and they didn't require the use of a flashbang to apprehend him.

So I will ask one more time,where exactly is the accountability??? The family wasn't even made whole financially, no one was terminated, no one went to jail, the person who put munitions into a home without knowing a child was sleeping exactly where it was thrown was not disciplined and kept his job and the only people who didn't remain employed willfully resigned.

Reference the officer that threw the flashbang, is there any info on how exactly he threw it or where he threw it (I know it ended up in the crib)? I'm just curious about that.

I would say that the Sheriff's office is fine in not offering to pay the medical bills if they believe the search warrant was valid. If they changed their tune after finding out about the officer that swore out the warrant, then that is the appropriate thing to do.

This is a case where if the officer was truly found to have lied in obtaining the warrant, she should have to be liable for damages that resulted from it. I think there is a far difference between making a mistake and outright lying.

The real world begs to differ. A Miami man was arrested and charged with murder when a stray bullet killed an innocent bystander while he was legally defending himself. After sitting in jail for quite a while and a ton of legal fees a judge finally dropped the charges based on Florida's controversial "stand your ground" law.

As you pointed out, it should not have happened though. Unfortunately, the legal system is not perfect.

I would say that throwing it into a rather large playpen would imply that he didn't ensure the area was clear of people.

Hence my question above as to how exactly he threw it... Did he blindly throw it into the room? Did he try to throw it into a corner and it bounced into the crib? I haven't read anything yet that says how the flashbang ended up in the crib. I don't think it make a huge difference, but I do think that it can mitigate the circumstances to an extent.

I would think it reasonable that at least one or two of the people that will be conducting the raid, preferably the ones in charge, do a minimum of due diligence and inspect the area/home to the best of their ability before the raid is carried out. I'm not asking them to do anything that might blow their cover but in the above case there was a car with four freaking car seats in it parked right next to the door. The absolute smallest amount of "detective" work should have told them that there were children present and as such incendiary devices should not be used. Again, officer safety before the safety of innocent civilians.

Not sure how things are done there, but the person I know told me that along with a briefing for every search warrant, they also perform pre-surveillance. With that, they are trying to determine who is in the house and if anyone, to include the target, comes and goes. This pre-surveillance is done from at least the time of the briefing (if not sooner) until the search warrant is executed.

They also have much higher training and are given a gun and badge by the state. They should be held to a higher standard, not a lower one.

True, but they are also in situations more often that could require that split second decision of if they need to use force or not. When you increase the number of times you are in a situation, there is always the possibility that a mistake is going to be made. If you present an officer with 100 situations and he gets it right 99 out of 100 and then chooses the wrong decision in the 100th situation, should he be arrested and charged to that one mistake out of 100? Officers are humans and not infallible. They are going to make mistakes. And yes, it is possible that those mistakes can be deadly, but that does not mean it is criminal.

So you refuse to assume that a person will do what is in their best interests when given the chance to do so in a way that it is virtually impossible for them to get caught despite it being basic human nature? That's interesting, do you assume similar things about other professions or is it just cops that you think are able to suppress desire to avoid repercussions for their mistakes? There is a mountain of evidence that says you are wrong about that even though I know there are a few anecdotal stories in all fields that you could present.

If you show me this mountain of evidence of how officers are always conspiring with each other after a shooting to get their stories straight, I'll agree with you. You make the remark that I would think cops are able to suppress their desire to avoid repercussions for their mistakes. That is not what I was saying. If the vast majority of shootings by officers are justified, they don't need to conspire to hide their mistake.

An officer in my area recently plead guilty for manslaughter for shooting an unarmed subject. Statements from the other officers in no way tried to justify what the officer did. They stated what they saw and it contradicted what the officer stated he saw.

While what we consider levels of responsibilities\accountability will probably never be the same I think that even you can agree that there is some sort of middle ground between the current state of virtually no accountability and what people on the other side want. Personally I would be happy with non-invested 3rd parties investigating police versus internal investigations and special prosecutors that do not rely on the cooperation of cops to do their day to day jobs. Imagine the absurdity of disbanding OSHA and allowing a construction company to investigate a workplace death and police themselves on safety policies 95% of the time.

How about a basic starting point. If you raid the wrong house, especially if you raid the wrong address and therefore do not have the legal authority to enter said house and someone dies because of it then it is considered felony murder? The felonies are breaking and entering, kidnapping, destruction of property and a slew of other charges since you had absolutely zero legal right to break into the home and hold the occupants at gunpoint. How does that sound for accountability? I bet if that happened just once we would see search warrants executed on the wrong house drop to virtually zero over night as it is usually absurdly easy to verify an address and in cases that you can't be 100% sure other tactics can be used in order to protect innocent civilians.

I am awarded contracts for properties that I have not visited all the time. Do you think I can go out, get the wrong property, rip half the roof off and then say "ooops, wrong house" and leave? Hell no, I am held accountable for getting it wrong and the property owner just got a brand new roof for free and I am hoping that they are satisfied with just that. They can easily and rightfully demand that I pay them even more for any and all interruptions and just the aggravation of having an unwanted construction project and my guys can even be arrested for trespassing.

I don't have an issue with a third-party investigating the police, but I think we need to be careful of the Monday-morning QB issue. Any review needs to be done with the knowledge of what the officer knew at the time and what did they see.

There is almost no excuse for performing a search warrant on the wrong address. And someone should be liable if that happens, especially if policies and procedures were not followed. I do see an issue with just outright holding all and any officers involved in the search warrant accountable though. As I've mentioned before, every officer cannot verify everything in person that is being told to them by another officer. There has to be some sort of trust there that if another officer tells you something it is valid. If they then go into the house and the homeowner presents a weapon and an officer shoots them, it is tragic, but I'm not going to blame that specific officer when as far as he knew, he was performing a valid search warrant.

- Merg
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,329
126
Holy crud, our posts are getting long... LOL!

Yes they are LOL, just shows that we can have a civilized discussion despite being on opposite sides.
I think we are overlapping a bit in what is "believed to be a threat" and what is a "threat". In the case above, I would argue that he is "believed to be a threat" as you don't see an actual weapon yet, however, I think it was a good shoot. You say he is a "threat" at that time. Obviously, this is a very gray area that can probably only be looked at on a case by case basis.
Yes we are and that was kind of my point. It is a case by case basis but my point was simply because someone is believed to be a threat does not give mean you can shoot them. Other factors must come into play.

Trurthfully, I'm not sure. If the police officer is truly breaking the law, then I would hope you would be justified in taking action.

You aren't sure? You would be sure if it was a civilian about to shoot an innocent person.

Are you really sure about that. If you knew that most of the deaths (95%, if not more) in your occupation are due to accidents and negligence and that you could avoid that by working with people that due the job well and look out for each other, I'm sure you would be more comfortable going to work than knowing that if you go to work that half the deaths of people in your profession were because someone wants to kill you just because of your job and there is nothing that you can do about that.

And according to Time magazine, law enforcement is the 15th most dangerous job in 2014. That's still pretty darn dangerous. Looking at 2015 numbers, they would move up to 14, The number they list for 2014 is actually lower than what is listed on ODMP. And yes, roofing is very dangerous and shows as such on the chart. But, how many of the deaths were truly preventable? How many of those deaths are due to someone not being trained correctly (or at all) or due to someone not wearing a harness or using a ladder incorrectly? How many are because someone came up and killed that person because they are a roofer?

Yes I am really sure about that. You don't generally get to choose who you work with in a certain profession much more than a cop can choose to work in Mayberry instead of a big city. Like I said, dead is dead. I would grieve the loss of a loved one the same regardless if they fell off a roof or they were pushed off.

Reference the officer that threw the flashbang, is there any info on how exactly he threw it or where he threw it (I know it ended up in the crib)? I'm just curious about that.

Funny how they don't release that level of detail... Besides, there was a big ass playpen crib right beyond the door, that should have immediately caused the officer to reconsider deploying a flashbang. This is black and white negligence, pure and simple, from start to finish.

I would say that the Sheriff's office is fine in not offering to pay the medical bills if they believe the search warrant was valid. If they changed their tune after finding out about the officer that swore out the warrant, then that is the appropriate thing to do.

Really??? His officer puts munitions in an area that he is unaware that an innocent child is occupying and they shouldn't be held responsible? Just a few posts back you said that they should be held accountable for every round fired. Which is it? Also it's funny how the family's attorney had to press the issue of how the warrant was obtained AND the officer that obtained the warrant resigned very shortly after questions started to get raised...... and then it took well over a year for them to settle.
This is a case where if the officer was truly found to have lied in obtaining the warrant, she should have to be liable for damages that resulted from it. I think there is a far difference between making a mistake and outright lying.

You and I both know how hard it is for a cop to be indicted yet she was on 4 charges. This wasn't just an oopsie mistake.

As you pointed out, it should not have happened though. Unfortunately, the legal system is not perfect.

Yet it does for us civilians. Whats good for the goose is good for the gander right?

Hence my question above as to how exactly he threw it... Did he blindly throw it into the room? Did he try to throw it into a corner and it bounced into the crib? I haven't read anything yet that says how the flashbang ended up in the crib. I don't think it make a huge difference, but I do think that it can mitigate the circumstances to an extent.

Again the very presence of the crib should have taken the use of incendiary devices off the table. For more proof, the use of one wasn't required when they actually apprehended the suspect in a residence that he was actually at.

But lets here it, who should be responsible for the damages? The suspect hadn't been at the house in months. There was no illegal activity happening inside of the house. There were very clear and present signs that children were in the house. The warrant was obtained using bad info and potentially outright lies. The raid was "hurried and sloppy". The use of a flashbang was not necessary whatsoever yet was used. The officer threw the flashbang directly into a very large playpen type crib, most of which are rather colorful. The child suffered lifelong injuries due to.... exactly whose actions?

So who, in your opinion, should be responsible for the medical bills/damages? Here I was thinking that we could at least agree on basic accountability but now I am not so sure if you think that the innocent family should just get boned unless it could be proved that the officer lied when obtaining the warrant.

Not sure how things are done there, but the person I know told me that along with a briefing for every search warrant, they also perform pre-surveillance. With that, they are trying to determine who is in the house and if anyone, to include the target, comes and goes. This pre-surveillance is done from at least the time of the briefing (if not sooner) until the search warrant is executed.

I posted a bunch of examples in which that can't possibly be the case and not just in that one area. FFS the flashbanged a grandma and gave her a heart attack and didn't even have the right address!


True, but they are also in situations more often that could require that split second decision of if they need to use force or not. When you increase the number of times you are in a situation, there is always the possibility that a mistake is going to be made. If you present an officer with 100 situations and he gets it right 99 out of 100 and then chooses the wrong decision in the 100th situation, should he be arrested and charged to that one mistake out of 100? Officers are humans and not infallible. They are going to make mistakes. And yes, it is possible that those mistakes can be deadly, but that does not mean it is criminal.

Depends on the mistake. It doesn't mean that it isn't criminal either. The guys calling the shots on the deepwater horizon probably got it right 99 times out of 100 too.

If you show me this mountain of evidence of how officers are always conspiring with each other after a shooting to get their stories straight, I'll agree with you. You make the remark that I would think cops are able to suppress their desire to avoid repercussions for their mistakes. That is not what I was saying. If the vast majority of shootings by officers are justified, they don't need to conspire to hide their mistake.

Oh please, we have tons of videos of officers conspiring ON THE SCENE to make their stories better but they won't do it after the fact when they have plenty of time to think of something better. You my friend are naive.
An officer in my area recently plead guilty for manslaughter for shooting an unarmed subject. Statements from the other officers in no way tried to justify what the officer did. They stated what they saw and it contradicted what the officer stated he saw.

That is a very rare occurrence and you know that just as well as I do. I hope that the officers that did not corroborate his story will not face repercussions from their fellow officers.

I don't have an issue with a third-party investigating the police, but I think we need to be careful of the Monday-morning QB issue. Any review needs to be done with the knowledge of what the officer knew at the time and what did they see.

Question: How many people are you willing to let be needlessly killed to save just one officers life? 2? 5? 10? 20?

There is almost no excuse for performing a search warrant on the wrong address. And someone should be liable if that happens, especially if policies and procedures were not followed. I do see an issue with just outright holding all and any officers involved in the search warrant accountable though. As I've mentioned before, every officer cannot verify everything in person that is being told to them by another officer. There has to be some sort of trust there that if another officer tells you something it is valid. If they then go into the house and the homeowner presents a weapon and an officer shoots them, it is tragic, but I'm not going to blame that specific officer when as far as he knew, he was performing a valid search warrant.
- Merg

Thats complete rubbish! We have black letter laws on the books. If the police do not have a search warrant on your house and a gang of them bust in anyways that is called breaking and entering, they have ZERO right to be in your home. If they then proceed to hold you at gunpoint that is called kidnapping (probably with an aggravated something added). If someone dies during the course of them committing those felonies it is murder. Period. Full stop. That is the LAW. The police should not be above the law, trust be damned. If that means that every damn member of the team has to check the address then so be it but I don't get to break the law and say "whoops, I thought I was taking property out of my own house and didn't realize it was someone elses" and get off scott free.

Why exactly do you think that they should be above black letter law even when, like the above, extreme and completely inexcusable negligence is displayed?

When the police are above the law, as they are now, they may retain each others trust but they lose the trust of those that they are policing which I posit is far more dangerous.


Edit: I would appreciate a response to my previous very long post about no knocks when you get a chance.
 
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