It boggles the mind that he could even be charged with resisting arrest, whether it holds up or not.

 

I wasn't there but I assume the reason he was charged is because he didn't immediately go down. So the taser was used on him, they had to justify the use of the taser.

Under their force policy, the use of the taser wasn't justified unless he was he assaulting Deputies. There are exigent circumstances where a taser could be used.

The charge shouldn't hold.

 

Deputies Raid wrong House: How would Defensive carry respond?

with compliance. and after that, a very good lawyer.

 

This.
The way my house is set up they can kick the door down and start yelling "cops,sherriff,FBI" before I can "react" so to speak.So I'll know who they are before they know where I am.

 

Lots of innocent people have been hurt and killed by no knock warrants,some were even shooting it out thinking they were being attacked by criminals until they were able to determine that they were real LEO's.
IMHO the Courts need to Address what seems to becoming just a way for departments to justify their Swat teams by utilizing them as much as possible so the Chief/Sheriff can say we had X number of Swat call outs last year and we need X amount of dollars for these guys next year.
Texas law states

(c) The use of force to resist an arrest or search is justified:

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

You breach my door and it's the wrong house you just used excessive force to effect an arrest,you are armed and threatening me.
Awhile back they had fake cops doing home invasions,so if I haven't done anything illegal to warrant a raid I'm going to assume it's a raid by BG's and act accordingly unless and until they identify themselves as LEO to my satisfaction.

 

I guess I am confused here. How can you charge someone with resisting arrest when there was no grounds to arrest them in the first place?

 

The reporter said he was arrested for "Resisting a peace office", not resisting arrest. No way that will stand up given the circumstances, I'd bet.

 

The LASD SEB (Name of their Team) needs no justification for their existence Just like LAPD since they are the top Teams in the country and belong to top departments.

Yet they do need to do their home work before kicking down doors and tasing people. The possibility of an officer going down under fire is very real if you hit the wrong house of a citizen who is reacting to what he perceives as an home invasion.

According to the guy they didn't yell Sheriffs department until they had already entered I guess.

 

That is just scary on so many levels. Add a home defense gun into the mix, and it looks to be bad for everyone.

 

I am with dukalmighty on this one. I am going to respond as if they are BG's until I have seen some identification.

 

The more this crap happens, the more I can see people calling for their states to follow Indiana's lead on Castle Doctrine law.

 

Less than stellar police work. In fact I'd say downright sloppy... maybe even lazy. I thank GOD that neither resident was seriously injured.

Complex Kaos... you say there is no need to justify the need for these special teams such as this S.E.B. unit?... I submit that they tend to look to justify themselves. Every time an incident like this happens it seems there may have been a better or safer way to handle it. The constant use of special weapons teams at every oppertunity is giving police a bad name. In fact special weapons is becoming routine weapons and tactics from over use, and misuse. This incident is a perfect example.

It seems the old tried and true police methods have fallen by the wayside in favor of newer more violent, more intrusive, and more dangerous methods. All for the sake of what? IMO they are trying to re-invent the wheel. I'm not saying that special weapons teams arent valid. IMO They are a revoloutionary part of police work. Pure genius in inception, But overused.

Sorry to anyone I offend.

Spuk!

 

Less than stellar police work. In fact I'd say downright sloppy... maybe even lazy. I thank GOD that neither resident was seriously injured.

Complex Kaos... you say there is no need to justify the need for these special teams such as this S.E.B. unit?... I submit that they tend to look to justify themselves.
Spuk!

No I'm talking about Los Angeles County Sheriffs Department team along with LAPD SWAT. Those two teams need no justification since they essentially the best teams in the nation and have earned their right to exist. Now the smaller teams from small departments are the ones who would need more justification and part time teams.

Yet that doesn't make them exempt from not doing their homework, this is sloppy work that could have end with fatalities on both sides. I'm sire things will be looked over and questions will be answered. Then it will be swept under the rug and things will go back to being normal.

A tragedy will happen on a raid due to sloppy work and it will snowball from there. I think there will be a rash of wrong house raids that will get national attention in the future.

 

LEO who conduct incompetent raids like this are themselves commiting a crime and should be treated like criminals by the offended homeowners and the judicial system.

 

This has to stop! The police violated the constitution! What will be there punishment for such actions?! If the police have the resources to blow people's doors off and send SWAT teams into people's homes why don't they at the very least make sure the person they are looking for is there. It seems to me they could have watched the home and apprehended their suspect via traffic stop when he left if he was truly there. But how much fun would that be right? It's these actions that make people fear police instead of respect them. Its these type of actions that make people distrust police! From the initial reports it seems the police threw a charge on this man mostly likely simply to justify tazing him which they may have had no justification to do. Why didn't officers attempt to deescalate the situation? Was it because they came to the situation on level 10 already? Now this man has a felony or misdemeanor charge to fight. Will said charge affect his life to the point where he can't get a job or i ruined financially? This could turn this man from someone who contributes to our society through working and paying taxes etc to someone who can't get a job can't stay in certain places etc. These are the fruits of our misguided policies: police state, prisons for profit, the war on drugs more harm than good!

 

Once again our crack tactical - pseudo military swat/police can't read. Great at jumping and shooting but can't read. How this embarrassment can continue with the PD's doing nothing to correct it only shows the level of arrogance and stupidity of the LEO bosses.

 

Home invasions Have become very common where I live along the border. I just pray I never have a scenario like this occur.

 

Over 20 years ago was subject of a no knock warrant. Right house right person. Phony charge.
However it went ok it was clear this was no home invasion. No one got killed.
I got a few bruises, it seems complying with instruction is not enough your still going to get your tail kick.
Once it gets sorted out, you have done nothing wrong you will be amazed at the stuff they can charge you with. They use that as a weapon to shut you up . DA can file phony charges all month long if they want to shut you up and there is little you can do about it.

 

Church! One officer says hands up, the second says get on the ground, the third says hands behind your back, the fourth says stop resisting. Next thing you know you get charged with resisting, obstructing, and having a dog without a license for good measure. Now you are paying your lawyer buy the hour while the prosecutor throws charges at the wall. It doesn't matter what sticks because again your lawyer works by the hour. Next thing you know you are bankrupt getting a plea deal slammed down your throat. Our tax dollars at work...

 

Stick a GPS tracker on the guys car and catch him getting out of his car. The problem is these cops get off on these tactics. I sort of doubt they do it to the Crypts or Bloods homes.

"To serve and protect" ??

 

I keep seeing more and more stories like this.

I don't partake in illegal activities, so if LE were to come and storm into my house without identifying themselves as LEO, I'm going to assume it's BG and things might go very badly.

 

Quite a few break-ins are guys pretending to be cops

 

Any time this happens, everyone involved, from the top down, needs to be sued to the point of financially ruining all involved. This is nothing but gestapo tactics, and has to stop - yesterday.

 

Mistakes like these will continue until they become costly for an offending department. Right now, mistakes cost them nothing; the only motivation to be accurate is "bad press". When jobs are on the line and/or a sloppy dept stands to lose hundreds of thousands in a civil suit, you'll see procedure get tightened up in a hurry.

Considering what's at stake, those with the power to conduct a no-knock should be held to a pristine standard of performance when selecting the target. They got the right house? No, they didn't. The "right house" was wherever the bad guy was living that night. This basically means they conducted a no-knock based on 2-month old information. That's crappy work. No excuses, no slack, no mistakes at all on a no-knock. If you want the freedom to screw up then go do something that doesn't involve authority and bullets.

 

-
Maybe the unidentified lady will reconsider her concept of a "perfect tenant" for future reference.

Seems odd that they would to execute a high-risk entry for a warrant target that they obviously hadn't even confirmed was currently in the house.

 

MCP1810:

My nephew works in warrants as a retired cop. They have a procedure to follow for no knock and it is extensive. One item is to contact the landlord and / or check whose name the utilities are in. They check the license plate of any vehicle in the driveway and then see if that vehicle's owner lives at the address. But they do all this only hours before they move in. No old information. I grant you that in this case the error was not the officers on the scene unless they were operating on old information and didn't bother to go to their warrants/extradition people for the latest information. This is deadly business and this is the 3rd incident I've read about this past week. Sorry for sounding so smug in my original post, I was just on my high horse and acting like a bit of a jerk.

 

Unfortunately we don't have a compiled list of all the no-knocks that were well-executed, as I'm sure there are many that are carried out by highly disciplined professionals up and down the chain of command. But, as RK pointed out, this is deadly business and the margin of error should be zero. If that means the bad guys get away, then that's how it is; even if their escape directly impacts my life with grave consequences. Nobody wants ten guilty men to go free, but imprisoning even ONE innocent man is worse.

 

Seems to me this is the 3rd such thread concerning wrong address in the last couple weeks. Just saying........

 

I think I would be filing a law suit to get my house fixed and to get who ever was in charge of that fired. And get me some money for injurys.


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This is ridiculous,this goes all the way up command,and the charges are so the Dept will have something to bargain with,a nice Attorney will shred that Dept nicely.

 

RKflorida,
A lot of people have no idea what is involved in obtaining a warrant and are making a lot of assumptions here.
One poster said they should put a GPS on his car. This also goes to the surveillance of the home.
Do we know the suspect even owns a car? What if the motor vehicle database only has him with a drivers license at that address but no vehicles currently listed to him? What if his last state tax return has that address for him as well? All the utilities may be in the property owners name. In the past I have rented rooms to people, and I have rented rooms from people. It was always $X per month plus 1/3 of the utility bills.
Strangely enough for some reason guys that go around shooting people don't seem real big on keeping accurate information on themselves on file with the government.
Everybody is quick to jump on the cops involved in these things but they frequently are not even the ones who obtained the warrants. They are the guys that are on duty our on call when the detective notifies their boss that there is a warrant to be served.

Why was it a "no knock"? Because a judge said it should be.
ETA: When we order a pizza and get the wrong toppings, do we blame the driver who delivered it or the guy who made it?