No Knock Warrant: Another Drug Raid Nightmare

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BigV

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Another Drug Raid Nightmare

This past January that scenario played out at the Chesapeake, Virginia, home of 28-year-old Ryan Frederick, a slight man of little more than 100 pounds. According to interviews since the incident, Frederick says when he looked toward his front door, he saw an intruder trying to enter through one of the lower door panels. So Frederick fired his gun.

The intruders were from the Chesapeake Police Department. They had come to serve a drug warrant. Frederick's bullet struck Detective Jarrod Shivers in the side, killing him. Frederick was arrested and has spent the last six weeks in a Chesapeake jail.

The raid in Chesapeake bears a striking resemblance to another that ended in a fatality. Last week, New Hanover County, N.C., agreed to pay $4.25 million to the parents of college student Peyton Strickland, who was killed when a deputy participating in a raid mistook the sound of a SWAT battering ram for a gunshot, and fired through the door as Strickland came to answer it.

In the case where a citizen mistakenly (and allegedly) shot through his door at a raiding police officer, the citizen is facing a murder charge; in the case where a raiding police officer mistakenly shot through a door and killed a citizen, there were no criminal charges.

STORY HERE
 
When stupid cops do stupid things they die. Ho hum.
This same thing happened near Houston last year. Drug bust with warrant from an informant who was trying to get a felony charge reduced. Cops did nothing to verify claim busted in house girl screams, man runs out of bedroom with no gun deputy shoots man dead no drugs found deputy back on job county pays family a couple million.
I wouldn't convict Frederick on any charge brought by the DA.
 
I would convict him. His life wasn't in danger and he shot someone outside. He could have at least asked who it was. At 100 pounds I'm guessing the guy's a junkie and got spooked.
 
The fact of whether or not his life was in danger is irrelevant - what's relevant is whether he had a reasonable belief that his life was in danger from what he presumably assumed were home-invasion robbers in the process of breaking in to his home.
 
Nope. The robbers gotta be inside before you can shoot, even then it can be iffy depending on where you are. Some places better see a deadly weapon. The guy is screwed and rightly so.
 
When you can shoot, depends if you have the castle doctrine, if you do you can shoot the bg if he is outside your home in the process of breaking in, you dont have to wait tell he hauls himself into your home.

This poor guy was screwed no matter what he did, if he waited till the cops were breaking in and he fired thinking they were home invaders, they would have opened fire likely killing him. Calling 911 probably would not have helped him either as I doubt things could have been sorted out in time.

No innocent person deserves going to prison for defending your home.
 
So depending on the laws there, it is up in the air if the guy should be a criminal for that, but he is being charged so that should say something about the law there. He should have been more sure of the threat before shooting.

As to the cop who shot an unarmed man in his own home when the man ran in after hearing his daughter cry out... that cop should BE CHARGED, and definitely off the force. There just is no excuse for that.
 
This poor guy was screwed no matter what he did, if he waited till the cops were breaking in and he fired thinking they were home invaders, they would have opened fire likely killing him. Calling 911 probably would not have helped him either as I doubt things could have been sorted out in time.
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No, he wasn't a victim, he erred. He could have asked who it was but instead used lethal force. He had options and picked the wrong one.
 
"I wouldn't convict Frederick on any charge brought by the DA."

"No innocent person deserves going to prison for defending your home."

+1
 
No, he wasn't a victim, he erred. He could have asked who it was but instead used lethal force. He had options and picked the wrong one.
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Probably wasn't much time to do that.

How do you know he had options?
 
Call me when the Court proceedings are over. This thread is gonna be nothing but netnoise speculation based on personal prejudices.


WildcoolgunlaertcomingsoonAlaska TM
 
You can't be serious JaserS. In a situation like this considering your options and asking whose there is a good way to get yourself killed. Maybe the cops could have announced who they were, maybe somebody in law enforcement could have taken a few seconds to ask is a no knock warrant justified for a few ounces of marijuana maybe the judge could have demanded some corroborating evidence, maybe law enforcement could stop being flat out lazy.
Better to be judged by 12 than carried by 6.
 
How can you have time to get your gun and shoot but not ask who's there? A no-knock warrant is exactly that. I doubt the cops got one and went to all that for a few ounces of weed though. The facts seem to indicate that the cop shot was still outside, outside isn't your domain. If it was me, I would get my flashlight and gun, next to the bed and ask who's there.
Problem avoided. Unless the city doesn't pay for the door.
 
Hard to say what id do when push comes to shove. I do know I wouldn't fire through a door unless I saw a horde of marauders carrying tec-9s screaming and running toward my house. Murder charge? No. Manslaughter? Yes. Although to be honest, I do know that jail time wouldn't be warrented IMO if he was infact innocent of the drug charges. If he was guilty of the drug charges, even without killing the officer, I say string 'em up.
 
someone busting through your door....

"who is it?...may i help you?"

:rolleyes:

lol!

if anything he should have said "stop or i'll shoot!".

an "attacker" doesnt need to be inside your home...SD doesnt stop at the front door.
 
Cops are supposed to knock before entering, if they don't have permission to enter then anything they find is not permissible in court.

I think he did the right things, and depending on what the court decides is "reasonable doubt" for the danger he is in, it could go either way.

I hope he gets off, he does not deserve to go to jail for defending himself and his home. If the guy was just standing outside then it would be different.

YK
 
Cops are supposed to knock before entering, if they don't have permission to enter then anything they find is not permissible in court.
Click to expand...
It may be helpful to review what a no knock warrant actually is.
 
Busting in the doors of your house based on information from criminals with nothing to lose does seem like a recipe for disaster to me. I would hope that someone in the chain of command asks for more information other than, "bubba the dirtbag snitch said he saw some drugs in that guy's house over there, let's kick in the door and see for ourselves". Or when they hit the wrong house next door and tear up jack, that seems to be that someone is not doing very good research?
 
Two kinds of people shoot when cops are at the door, bad ass thugs who have decided they won't be taken alive and innocent people who are fearing a home invasion and unaware (because police place more importance on getting to that dimebag that justifies their intrusion before it gets flushed than anyones saftey) that they're cops. I hate to say it but cops getting killed by their own stupid tactics may be the only thing that makes them stop and think before the go all rambo on the wrong person. A little old fasioned detective work will tell them if the house they want to bash into is the right one or not. If lawsuits and dead innocents and fear of prosecution dosen't make them rethink their stupid and dangerous tactics then maybe the threat of getting killed will.
 
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