"It's the Police!"

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Tex (and Capt. Charlie) -

My response, and I think Crosshair's, were not meant as a "cop bash"
, but more of a bash of the policy that puts good cops at risk, tarnishes their reputation and goodwill with the American public, and puts the innocent gun owner being awoken in the middle of the night to their door being kicked down in the awful predicament of having to make a split second life or death decision while confused, startled and still groggy from sleep.

The war drugs is a big part of it, but merits, or lack thereof, of that collossal failure and waste of taxpayer money is a seperate issue.

The forfeiture laws are also a big part of it in my view, and as Tex has said, I absolutely agree it provides a strong incentive to law enforcement to really push the envelope of acceptability. That too, however, is a seperate issue that should probably be discussed in another thread.

I think the federal government's policy of giving tons of weapons and military equipment away to every police department in this country to pursue the drug war also plays a part. IIRC the Cato whitepaper cites one example where a small town police department in landlocked Kansas got amphibious assault vehicles. I may still be a little off track here, but I think we're getting closer to the heart of the matter. Because of the federal giveaways, many police departments who never had or saw a reason for a SWAT team, decided to take the equipment and set one up for the usual high risk situations - armed robbery, hostage situations etc. The training that went with the giveaways was either non-existant or training from the military. Civilian law enforcement is a far different mission, with much less lattitude for error than a military operation. We are, afterall, talking about US citizens on US soil who are, by virture of our criminal justice system, innocent until adjudicated guilty in a court of law. Once those SWAT teams were set up, their mission was expanded into relatively low level warrant service, thus drastically increasing the number of times these types of raids and tactices are used. With that increase comes an increasein the number of bad or botched raids.

In one such example, 11 year old Alberto Sepulveda was shot in the back - while laying face down on the ground, fully complying with the orders of police. According to the officer, the gun just went off. I think most of us would call that a "negligent discharge". And thats just one example, there are unfortunately more.
 
I honestly don't even know why I read all of this. Maybe it was just to read TexasSeaRay's posts, whom I take no embarrasment in siding with. As a current LEO, and one who has crossed the gammet of assignments (including narcotics, from which the theme of this post, seems to be the focus), I can say that a lot more planning goes on behind the scenes than most civilians ever realize or learn from surfing the net or reading soldier of fortune type magazines.

I've been in law enforcement for nearly 20 years, am third generation in doing such, read the news, train daily, receive current and on going training in case law, legal updates, tactics, etc. I must have my head in the sand in all of these innocent killings and "botched police raids" that continue to happen.

Cop bash thread, period. I am surprised its still going.
 
If you're talking about reacting to burglars or home invaders, I agree with you one hundred percent. If you're talking about reacting to legitimate law enforcement paying you a visit, I would wonder why you--specifically--are so paranoid.
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Even if they *are* police, if they don't serve a warrant they are home invaders and IMHO should be dealt with accordingly. (the law of course disagrees with me on that point.) But it's probably a moot point because they have the drop on you.

Guess what? I didn't always need a warrant to kick in your door and arrest you. I could follow you from the scene of a dope buy that I watched you make or filmed you doing, call the rest of our crew in, and kick your door down while announcing who I am and who my partners were.

And if you tried to "deal with me accordingly," you'd lose in all sorts of bad ways, including the worst of ways that is permanent.

Hardtarget already posted a better response to this than I can come up with, but you wanted me specifically to reply: I live such a boring and squeeky clean life, there is no legitimate reason for the police to ever kick in my door. So I'll assume anyone doing so is an illegal invader, and if I have time to get my guns there will be a firefight. And I'll probably die, but hopefully I'll take a few of the bad guys with me. Maybe the survivors will think twice before they kick in another door. The good news is that I know all this is a very low probability occurance.

I don't expect my house to burn down either, but I have insurance.
 
I live such a boring and squeeky clean life, there is no legitimate reason for the police to ever kick in my door. So I'll assume anyone doing so is an illegal invader, and if I have time to get my guns there will be a firefight. And I'll probably die, but hopefully I'll take a few of the bad guys with me. Maybe the survivors will think twice before they kick in another door. The good news is that I know all this is a very low probability occurance.
This is precisely my position.
 
I'm not sure if this is a cop bashing thread or not. Butttt, and its a big but, I will say BIG mistakes have happened, and sometimes with sad results, for all involved. Ruby Ridge is prolly the freshest in my mind... Waco a close second, although thats more a conspiracy theory as to what happened.

Either way, mistakes happen, just as humans are prone to to corruption, the same may be said about mistakes.
 
I will say gobs of red and blue flashy thingys on my walls at night suggest real LEO outside I will go out before they kick my door in... i can VERY safely assume the address they got is wrong so I will do my best to protect my privacy.
I do not and will not be conducting any illegal activity deserving a search warrant, especially a no knock type. No dope dealing, dope growing or manufacture, nothin! So in the event I am awake when they proclaim "POLICE SEARCH WARRANT" I will assume it is a lie perpetrated by home invaders. My shot gun is right beside this here desk and it is 100% HOT! No one can kick my door and be within range to shoot me before I am able to INITIATE gunfire. After I am asleep I will not comprehend the verbal as that is what will stir me from slumber but that size ten doorbell will be understood! Again I am going to have my gun ready albeit from a prone position on the bed. Either way I am getting first shot. Mistakes may be okay status quo for some depts. but I think intel is paramount to execution of warrant and possibly lil ol innocent ME! I ain't chest thumpin' I am simply saying that since nothing I do warrants a warrant search I doubt it is real cops a knockin!
Brent
 
I'm not sure if this is a cop bashing thread or not. Butttt, and its a big but, I will say BIG mistakes have happened, and sometimes with sad results, for all involved.

As I said in my previous post, I don't see this as cop bashing. The guys, like TexasSeaRay, who kick doors for a living aren't, for the most part, the ones formulating the policies that put them there in the first place. I agree with Tex that most cops are good hard working men and women just trying to do their job. Of course, mistakes are occasionally made - sometimes with fatal results for an innocent party.

That said, we come back to the original question posed by the OP - what does one do when you are awoken in bed by the sound of your door being kicked down and aren't sure if its the cops or the bad guys posing as cops. I gave my thoughts - if you have any indication whatsoever it could be the police, don't move and pray that if its the bad guys they don't kill you, and if its the cops pray you don't become victim of another mistake like Alberto Sepulveda. As we've already acknowledged accidents do happen, but thats little consolation if you're in the morgue. If the wrong door is kicked an average of 1% of the time, thats 400 times a year if (according to Cato) there are roughly 40,000 SWAT raids per year. Thats not cop bashing, its simple math - the more they're used, the more accidents will happen.
 
The only time I have heard of bad guys disguised as LEO's is when they are robbing drug dealers who have large sums of cash or dope around, because they figure the drug dealers will give up, which they usually do. Otherwise, why go to the trouble of the disguise?

If you're not involved in criminal activity and someone is coming into your house yelling "Police," the odds are miniscule that they are not the police. If they have made a mistake, do you really want to kill them? The better option is to assume the least threatening posture, hands empty and visible, and hash it out after everything is secure and calm. If it is a mistake, legal remedies abound, and with a you may get to retire early on lawsuit proceeds. Asserting your legal rights, however, is done in a court of law, not in a p*ssing contest with officers on the scene. Armed resistance will get you hurt, killed or imprisoned, and nobody's going to buy the "I thought they were robbers" line.
 
I don't consider killin' any one enjoyable... heck killin' a deer ain't enjoyable but eating one is. But I have been given a limited time to run a bunch of thoughts through my head. I must draw the line... I have never heard of drug rip offs dressing as a cop and executing a fake warrant. I lived in the Orlando media market for 18 years and never once heard of such an elaborate plan. my gun will fire LONG before I have a chance to read a velcro "POLICE" banner on their ASSAULT duds! Since I am not engaged in illicit or illegal activity I can SAFELY determine that there is NO REASON for a police/swat presence... I may need a lawyer to prove this but like I said INTEL is more important than EXECUTION of said warrant. Mistakes can cost lives... mine included... the powers that be need to make sure they INVADE the right house. NEVER take the word of a person of less than reputable character as GOSPEL yes take his info and follow up with intel!
Once that has been covered my address is off the list!
My family depends on my legal character as well as my ability to defend themselves and our home. I cover my end of the deal now my local LEOs need to cover their end of the deal.
Brent
 
Having read TSR's post, my response is this. I completely agree that as it is, the vast majority of people including myself have absolutely zero to fear as it stands. The problem I see is in the scenario which has substantial historical backing, not recent and not here, but recurring over the course of time. What happens when the crime they are pursuing is simply being a gun owner, or really, whatever they want to label you as? What happens when it is the real McCoy AND IN THAT SPECIFIC INSTANCE THEY HAPPENED TO BE THE BAD GUY and they do know exactly what they're doing? The concept is not dead. Millions of people elsewhere, however, are. I'm not going with conjecture or opinion, I'm going with what has happened lots of times in lots of places and it's documented. I don't fear accidental or a fake raid nearly as much as I do a deliberate but unjust one, not because of the malevolent intent of those executing it but those ordering it. I don't have the slightest question about the character, dedication, etc. of the vast majority of LE, particularly in the specialized units. I am far from alone here in having serious questions about the people who tell them what to do, as well I should. Nuremburg was full of police doing their duty. That's not paranoia, that's forecasting based on history. Sure, we technically have the Constitution, but just as laws don't deter common criminals, we have seen time and time again just how much a deterrent it really is when someone with some power really wants something. I actually don't even know of many cases of anyone successfully correcting a figure of power on legality of what they were and reversing their course of action on the spot...but know several cases of failure.

So, we're back to square one. It's not a problem at all when someone walks into your house with a firearm. Everyone thus far I've had has been someone going hunting or to the range with me or it's their daily CCW. Authority--even imaginary or perceived--is potentially far worse a deadly weapon. Thus far everyone I've known carrying that around has been amicable, ethical, and judicious in wielding it. Misuse of either is not commonplace in our everyday lives or we wouldn't be here, most likely. However, every one of us here thinks of and prepares for statistically unlikely events in the name of prudence and dealing with them with use of effective mitigating measures in the name of survival. Submission and hoping you don't die isn't much of a defense, and it doesn't seem to be method preferred by most here when dealing with the unauthorized criminals. It certainly doesn't work as a defense when deliberate harm is the intended goal in the first place. I make that distinction very carefully and specifically. An authorized crime is no different than an ordinary crime in end result, and that end result in either case is what I am responsible to myself and to my family to prevent happening.
 
it nearly happened to me

while working on my boat in my backyard I heard and saw about a dozen pair of black boots run thru my yard. thru my gate, thru garden, past my boat,my property ,ran toward my house. I'm thinking about my wife and two toddlers inside as I rolled out from under the boat, still holding a hand sledge I approached the threat and demanded answers. Who are you and why are you here. all my questions where ignored. as I realized that these were cops it just made me angery. these clowns were positioned outside my house preparing to kick down my door, and I'm being ignored? I was loud enough that my wife came to the door and finally one of them said why they were there. These a**holes were at the wrong house and really didn't care. I've never trusted cops and now think even less of them.
 
The problem I see is in the scenario which has substantial historical backing, not recent and not here, but recurring over the course of time. What happens when the crime they are pursuing is simply being a gun owner, or really, whatever they want to label you as? What happens when it is the real McCoy AND IN THAT SPECIFIC INSTANCE THEY HAPPENED TO BE THE BAD GUY and they do know exactly what they're doing?
It just happened a few years ago in New Orleans. It surprises me that it took this long to surface. What about that, guys? What happens when you hear, "Police...we're here for your guns!" I don't even like to think about that, but it's something that can't be overlooked. Yes, there are laws against it, but criminals don't obey laws; why should we expect public officials to? Possibly some police won't enforce that type of action, but some may use the tired old saw, "Sorry buddy, I'm the NRA too, I'm just doin my job."
I wouldn't work as a LEO. Though my job is statistically more dangerous than theirs, they can have it. And they have my gratitude that they have the guts to do it everyday.
 
CATO

I am only about a third of the way through the CATO artical. I have notice some here ofer that the truth will come out in court. That may be difficult as according to the artical often part of the raid includes confiscation of ALL assets even if it's the wrong address. that makes it difficult to bring a court chalenge unless you can find an attorney who works for free or will take the case on a contengent still; one is looking at taking a substancial loss regaurdless of outcome. It is a loose loose scenario for the inocent citizen. Beg for their mercy but don't expect there tobe any.
 
It just happened a few years ago in New Orleans. It surprises me that it took this long to surface. What about that, guys? What happens when you hear, "Police...we're here for your guns!" I don't even like to think about that, but it's something that can't be overlooked.

In my opinion, the cops who went door to door confiscating guns should sit in the same federal prison cells as the politicians and numbnuts communist crooked scumbag that passes as a mayor in New Orleans.

One thing that was emphasized to us in our academy way back when was that we did NOT have to follow unlawful, illegal or unconstitutional orders. Period. Were such orders pushed upon us and retaliation threatened, hinted at or implied for noncompliance, we were to contact the civil-affairs division of the U.S. Attorney's Office immediately, followed by the OPR office.

I draw no distinction with law enforcement "just following orders" be those orders to take away someone's gun for no reason at all other than a paranoid mayor and chief of police, or orders to begin executing jaywalkers on the spot.

Illegal is illegal. Unlawful is unlawful. And unconstitutional is unconstitutional.

Unless I'm missing something, a cop swears an oath to uphold and defend the Constitution. Some oaths include to the effect of faithfully enforce all laws and protect all rights.

Every single sordid individual in that New Orleans case violated citizens' civil rights. They did it wantonly, purposefully, without any valid or legal or constitutional reason whatsover and with zero constitutional authority.

That's my take on that.

For those of you who boast about shooting it out with the police if they kick in your door mistakenly--and whether you know or don't know if they're police, I'll believe it when I see it.

During my time, I was on raids where we "invaded" (with legal search/arrest warants) homes filled with Crips, Bloods, MS13, South American cartel enforcers, Aryan Nation wackos, Hells Angels, Banditos, Sons of Silence, Texas Mafia, Cuban Marisols and countless meth operations and crack houses, etc etc.

None of these folks were afraid of pulling a trigger and most HAD pulled a trigger, and more than once. These were people to whom shooting and killing wasn't a big deal--just part of the price of doing business. They all had much to lose by getting arrested, with most looking at very lengthy prison terms in a very uncomfortable federal correctional institute.

RARELY did any of these proven shooters and killers fire back at us, or other agents who went on similar raids. These were people to whom violence was simply a way of life and they were as comfortable with it as they were combing their hair every morning.

Yet we have accountants and teachers and white-collar types here stating that even if they know it's the police, simply because the police have no reason to be there, they're gonna by-gawd grab their gun and go down in a blaze of glory.

Tell you what: If your wish is to die stupid, then your wish will be granted.

Wrong home/address and how on earth could it possibly happen?

Anyone here ever heard of Identity Theft? Anyone here ever heard of bad guys stealing ID's and driver's licenses, picture ID's, etc? Anyone here ever heard of criminals giving any address that comes to mind?

Anyone here ever hear of duplicate identities?

Yeah, mistakes happen and when they end up tragically, heads should roll and butts should slide right into a little five by eight foot living accomodation.

When I began getting a little seniority, I made damned sure that our intelligence was spot-on before we went knock-knocking. I also made sure our subjects were home. And if there were kids in the premises, that often-times changed everything. We called OFF raids because of children.

I was the rule in law enforcment, not the exception. Not only did I put my ass on the line every time I walked out my front door, but I also gave a damn about trying to get bad guys out of decent society so that good people didn't have to worry about them. So did the vast majority of other agents, troopers, deputies and officers I knew and interacted with.

So some of you are going to tell me and the other very few present or former LE types that visit here that you'd STILL SHOOT AT ME if we

A) knocked on your door and announced who we were and

B) you didn't answer the door, forcing us to take it down, and

C) we come in shouting who we were and that we had a warrant and we were properly identified . . .

you'd still try and SHOOT and KILL ME because some pukebag had snagged your identity off the internet and given it as an address right before he went and robbed a restaurant, lined up the employees and shot them execution style?

Why not just shoot the next cop who pulls you over for a speeding ticket or for running a red light when you're certain that you did no such thing?

And yet some of you still complain about the "us and them" mentality of LE. Well, I don't defend it with cops, but some of y'all sure as hell ain't helping it get any better yourselves.

Jeff
 
It just happened a few years ago in New Orleans. It surprises me that it took this long to surface. What about that, guys? What happens when you hear, "Police...we're here for your guns!" I don't even like to think about that, but it's something that can't be overlooked.
Totally different subject guys. And yeah, all involved in that were WAY outta line.

But, lets keep this to only one can o' worms at a time, OK? ;)
 
I'm not a big fan of cops myself. Traffic cops that is. I respect the hell out of people like Jeff who risk their lives 24/7 to protect the rest of us. Are mistakes made? Sure, we're all human and it is a huge tragedy when it does.

If we were able to vote on traffic laws, most would be tossed out with some exceptions like school zones etc. then we could put more LEO's on the street like Jeff so LESS mistakes would occur.

My last thought....and hopefully the majority will agree...If the police come banging at MY door....I HAVE NOTHING TO HIDE! That thought got lost somewhere in this post.

--Mike--
 
Jeff, I have spent my fair amount of time riding with the likes of the HA, banditos, warlocks, S.O.S. and other groups I never was keen on commiting felonies. Now the scenario of a nice peace officer giving a neighborly knock on my door waiting for the porch light to illuminate their mug for ID reasons will be granted with a friendly opening of said door. I will step out. If they have a search warrant I will gladly read it and be ready to explain wrong address, wrong person, wrong crime etc. It is the "no knock" or impatient implementation of warrant that will cause us all grief. If my door is kicked in I can safely assume it ain't my friendly peace officer's boot doing the deed! I have no choice but to shoot at a home invader. Identity theft be darned.... That is just to miniscule an odds that I don't even weigh it in to the equation. My next of kin can sue for the mistake. My life has little to do with stepping up and defending my home.
I respect respectful LEO's!
Brent
 
Jeff,
I mean no disrespect by this, but how can you burst into someone's house (warrant or not) with a military-style assault and expect to *not* be shot at? Of course we are going to try to shoot you -- that's the game *you* started and we are just playing along.

In post #12 you said a "dynamic entry" could even be used for something as minor as serving a warrant for unpaid parking tickets.

If you don't want to get shot at, knock on the door like a civilized human being. (that's a good way to resolve a lot of the problems with raids on the wrong address, etc.)
 
Nobody in my household has anything to do with illegal drugs, kiddie porn, robbing banks, printing counterfeit money, smuggling illegal aliens, shady tax dodges, passing bad checks, ignoring a jury duty summons, having unpaid parking tickets, or anything else of the kind. Hence, there is no conceivable reason for police to be serving a warrant at my home.

So unless there are a bunch of marked units with flashing Mars lights on top outside my house, it's virtually certain that anyone attempting to break in is NOT doing so with a valid warrant.

If I know it's police - again, uniforms, marked squad cars, etc., will be a pretty good indicator - upon presentation of a valid warrant, I WILL peacefully comply; much better to fight the police in court, rather than elsewhere.

But lacking the above, if someone is kicking in my door, unless I wake up to find a half-dozen MP5SDs pointed at my head - I WILL reasonably conclude that they are bad guys and, if capable, fire upon them.

(There HAVE been incidents right here in TX of FAKE POLICE - complete with shirts emblazoned "POLICE" on the front - so it's not a far-out theoretical supposition that guys breaking in are NOT bona-fide LEOs serving a lawful warrant. Especially if my driveway isn't full of squad cars.)
 
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