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Title: No-knock police raid ends in blazing tragedy
Source: [None]
URL Source: http://www.freerepublic.com/%5Ehttp ... -raid-ends-in-blazing-tragedy/
Published: Feb 11, 2015
Author: Leo Hohmann
Post Date: 2015-02-11 08:07:21 by A K A Stone
Keywords: None
Views: 14336
Comments: 52

Gun owners and self-defense advocates are lauding a rare victory in which a Texas grand jury has refused to indict a homeowner for shooting and killing a police officer who entered his home unannounced in the middle of the night.

The homeowner, Henry Magee, 28, said he thought the officers who broke through his door were robbers and he acted in self-defense to protect his pregnant girlfriend and two children.

Police were acting on a tip from a criminal informant that led them to believe Magee had more than a dozen marijuana plants, all at least six feet tall, in his rural home in Burleson County. Officers included a line on the warrant that Magee also had “possible illegal guns” stolen from the local sheriff’s office. The local magistrate signed off on the warrant, with deadly consequences.

Before the sun came up on Dec. 19, nine deputies broke down the door to Magee’s mobile home and set off a flash-bang grenade. Magee confronted them, firing away as they barged through the door. One of the deputies, Adam Sowders, fell dead.

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Begin Trace Mode for Comment # 39.

#1. To: A K A Stone (#0)

" No-knock police raid ends in blazing tragedy "

And just what / why the necessity for a "no knock" raid in this case ??

No Knock's are greatly overused, and in most cases it seams unnecessary. This raid could have been accomplished in daylight hours, and simply knock on the door. Or, arrest him outside, then conduct the search warrant. The target of the raid was not "John Dillinger", or "Machine Gun Kelly". A lot of trouble would have been averted, one less officer would be dead; and a man, a pregnant woman, and two children would not be traumatized.

How much effort went into verifying the information from the "criminal informant"? None apparently.

I guess we can be glad that the children were not injured or killed.

Folks, there was really no need in a "no knock" warrant in this case. Many cases, they are not. And in many cases they produce tragic consequences, unnecessarily, like this one.

Stoner  posted on  2015-02-11   8:32:49 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Stoner (#1)

Excellent analysis!

Fred Mertz  posted on  2015-02-11   8:44:14 ET  Reply   Untrace   Trace   Private Reply  


#3. To: Fred Mertz (#2)

"Excellent analysis!"

Pffft!

A no-knock was called for because the individual was a suspected armed drug dealer. And, as we now know, armed and dangerous.

Knock on the door? Sure, give him time to flush away the drug evidence. Or time to load his guns and shoot through the door.

Confront him outside? Oh yeah. Let's have a shootout in the open and jeopardize all the neighbors.

Had the police done any of those things resulting in dead and injured, our resident pro-drug anarchist would be crying, "Why didn't they simply surprise him in the early morning while he was still in his residence? The cops were stupid for putting themselves and innocent civilians at risk."

So easy to be a Monday-morning quarterback, isn't it? It makes one seem soooo smart.

misterwhite  posted on  2015-02-11   9:19:53 ET  Reply   Untrace   Trace   Private Reply  


#22. To: misterwhite (#3)

Can you cite the Texas law that provides for "no knock" warrants?

Abcdefg  posted on  2015-02-12   1:42:30 ET  Reply   Untrace   Trace   Private Reply  


#24. To: Abcdefg (#22)

"Can you cite the Texas law that provides for "no knock" warrants?"

Why? Are you saying a no-knock warrant was legally required in this incident?

misterwhite  posted on  2015-02-12   11:07:36 ET  Reply   Untrace   Trace   Private Reply  


#25. To: misterwhite (#24)

I'll take that as a "no".

Abcdefg  posted on  2015-02-13   1:45:27 ET  Reply   Untrace   Trace   Private Reply  


#27. To: Abcdefg (#25)

"I'll take that as a "no".

You should take it as "Why are you asking?"

Your question implies that a) they needed a no-knock warrant, b) they didn't have a no-knock warrant, and c) even if they did, a no-knock warrant is illegal in Texas.

First of all, all three of those assumptions are incorrect. Second, it's a moot point. Although they needed a search warrant to enter the home, they didn't need a no-knock warrant because of exigent circumstances -- the stolen weapons.

You're so busy setting up these irrelevant "no-knock" strawman arguments that you're missing the point. Why should I waste my time addressing them?

misterwhite  posted on  2015-02-13   10:28:06 ET  Reply   Untrace   Trace   Private Reply  


#36. To: misterwhite (#27)

"C".

Abcdefg  posted on  2015-02-13   11:45:04 ET  Reply   Untrace   Trace   Private Reply  


#38. To: Abcdefg (#36) (Edited)

"C".

That's it??? "C"? No argument, cites, references, court cases, articles, quotes ... nothing? Just "C"? Pathetic.

"Current U.S. Supreme Court case law [Richards v. Wisconsin (96-5955), 520 U.S. 385 (1997)] holds that before police may serve a warrant using a no-knock, surprise entry of a residence, they must either have a no-knock warrant approved by a magistrate or be able to articulate “exigent circumstances” at the scene that lead them to believe the safety of persons would be endangered (or risk of flight or imminent destruction of evidence) by their knocking and announcing."

The next time you post something like "C" I will not respond. I expect a cogent argument. Once more and you join my short list of ignorant trolls not worthy of my time and effort.

misterwhite  posted on  2015-02-13   12:03:18 ET  Reply   Untrace   Trace   Private Reply  


#39. To: Abcdefg, misterwhite, Y'ALL (#38)

The next time you post something like "C" I will not respond. I expect a cogent argument. Once more and you join my short list of ignorant trolls not worthy of my time and effort.

Gotta love it when paulsen/white gets in a hissy fit after being put down.. -- By following the sequence of posts on 'no knock warrants', it is evident that in trying to defend such warrants in the case at hand, that poor paulsen has once again hoisted himself on his own pathetic/non-cogent argument, --- and now, realising he has met his match, is going to bozo his opponent. Whatta clown...

tpaine  posted on  2015-02-13   12:37:16 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 39.

#52. To: tpaine (#39) (Edited)

I would have liked for him to explain why case law should trump statute law (I don't think it should). Especially considering:

Article. I.
Section. 1.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

When I look at the powers and duties of the courts, I don't see the power to make a law. However, the Texas legislature HAS made statute law that defines how warrants are served. That doesn't include a "no knock" variety. That is a creation of magistrates but it will be treated as law until a sane jury puts a stop to it.

Article III.
Section. 1.
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section. 3.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Abcdefg  posted on  2015-02-13 23:13:56 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 39.

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