They should charge the judge with murder.
Judicial Immunity is a form of legal immunity which protects judges and others employed by the judiciary from lawsuits brought against them for judicial actions, no matter how incompetent, negligent, or malicious such conduct might be, even if this conduct is in violation of statutes.
Why don't they stake out the house and wait till the suspect leaves and then break in. They should design a robot that can break the door down.
Let's also look at the idea of what might happen if officers don't use a no-knock warrant. You have armed criminals with evidence of their crimes. The officers knock and announce and wait. The criminal destroys the evidence and opens the door leaving the officers to find nothing and then everyone gets in an uproar that the officers searched a residence without finding anything so the officers must be harrassing this fine citizen. Or, the criminals decide to fight their way out as they don't want to go to jail and now have time to get set up defensively to attack the police as they enter the house.
No-knock warrants have their time and place to be used. While you are not going to use it for a search for records and documents of a guy committing credit card fraud, it might be justifiable when performing a search of a house for someone that is suspected of distribution of cocaine, is a felon, and is normally armed.
- Merg
Just out of curiousity, what would be an example where they are justifiable?
As I mentioned, they are generally used when the target is considered to be armed and dangerous and there is fear of destruction of evidence. They are performed at a time when people are normally sleeping, which also means there is generally less people in the house (as in no guests). Taking that into account, how would you handle that kind of situation?
- Merg
Maybe we need a law that says if they go on a warrant and find nothing the state or city has to pay a $10,000 fine plus pay for 3 times the damage they cause.
Drugs are not a victimless crime. It does not affect only the person that uses them. Drug users and dealers routinely commit robberies to advance their drug use or dealings. Think of the number of drug users that steal so that they can pawn/sell stuff to get more money to buy more drugs. So, when your car or house is broken into so that a druggie can get money for their habit, you don't call the police since your weren't really a victim then, right?
As for waiting for him to come out of the house, so we are now going to let a person that is possibly armed outside where there can be other bystanders and innocent people standing around. If the police approach him and he then runs and starts shooting, I'm guessing it's the police's fault that they didn't grab him quick enough, right. Or what if he gets in his car and then flees from the police. I guess it's the cops' fault if he crashes into an innocent family, right because they didn't stop him in time?
How often have you read that innocent people are injured due to the police pursuing someone? There's an uproar about why and when police should pursue. Then there's the statement that since the police knew who it was they were chasing that there was no reason to be chasing them since they could just pick them up later.
We'll agree to disagree.
That being said, as of now, drugs are illegal and law enforcement is supposed to enforce the law. When drugs become legal, that will be one less thing that law enforcement has to deal with.
- Merg
So then as long as something is legal by the letter of the law, it's not a morality issue? In that case, slavery and the Holocaust were legal issues as well, not morality issues.
Think about what you're saying before spraying words.
Do you agree that the US has the most violent and dangerous population in the entire world? If you go by number of people in jail (BOTH per capita and total), we are indeed the shittiest population of people on the planet. Countries with much larger populations have less people in jail (total) than we do, why do you suppose that is?
I think it can be hard sometimes to put that murder charge on an officer though for truely doing their job with the information they had and the situation in front of them.
For example, say an officer is involved in a search warrant, but not the one that obtained it. The warrant was obtained with some information that was not true or accurate unbeknownst to the obtaining officer, the judge that signed it, or the officers that are involved in the execution of the warrant. The officers execute the warrant and the homeowner starts to shoot at the officers and the officer shoots and kills the homeowner.
Should that officer be charged with murder? Some people would unequivocably say yes, but I don't think it's that easy. The officer was doing everything correctly according to the information that they had. A subject pulled a gun on them and he returns fire. Every officer that is involved in a search warrant cannot read the entire warrant and then independently verify the information that is in that warrant.
You ask if we should extend the principle to others as well about entering a home and something goes wrong. The one major difference, as I see it, is that there is no other situation where a person is going to be entering a home in this kind of fashion except for the police. What other lawful situation would someone be "breaking" into someone's home without the intent of actually hurting someone or committing a crime? In the case of the police, their intent is not to commit a crime and hurt anyone.
- Merg
I would think the drug cartels would have some say in it. Whereas alcohol was something that could be produced here and was easily able to be taken out of the hands of the mob, the majority of drugs are produced outside the U.S. While certain drugs are manufactured here, cocaine and marijuana are mostly imported.
Probably none. Let me ask this... We legalize drugs... Does that mean prescriptions are not needed anymore? Since Cocaine is considered to be a Schedule II drug as it has medical purposes, do we not need a prescription anymore? What about those that want to use Oxy? What drugs are legalized and which ones are not? Any drug that is not legalized or requires a prescription is going to have a black market for it, correct?
- Merg
You will note prescription drug issues are much less violent than illegal drugs. Even if a substance like cocaine required a prescription. It would have far less violence associated with it.
Personally I wouldn't regulate it like that. It adds a needless layer in the consumption cycle.
I have no doubt that production would increase, but I think that demand would also increase to the extent that supply in the country would not meet demand. Also, it's not like cocaine is something that can really grow in the environment up here. Now, weed on the other hand...
How would you do the regulation? With regard to less death, I'm not so sure about that. I could see an issue with allowing a drug addict get as much of the drug that they want for what would be minimal cost now. I can definitely see the number of OD's increasing, which then puts more pressure on the health system.
I will agree there will most likely be less burden on law enformcement and a significant increase in tax revenue. As for safer drugs, I'm not so sure about that. If the Government starts to regulate the content of the drugs to be sure they are "safe", that will increase the cost of the drug. That will then create a black market for cheaper versions of the drugs that are not as "safe". If the Government stays out of regulating the drugs, we'll have what we have now then.
- Merg
The police aren't the ones who created the law, they're just out to enforce them based on whatever political figure decided to make it a priority of enforcement.
First of all, most of our "stuff" is imported but the main reason drugs have been imported is because its much easier to grow gigantic fields of coca plants in other countries and export the finished product. The legalization of MMJ has actually put a decent dent in the cartels pot business.
Frankly, Phiezer or any other pharmaceutical company would absolutely LOVE to produce and sell cocaine, heroin, and whatever else. Then you sell it over the counter and bam, black market goes away instantly. Why would you buy a drug of unknown quality when you can go to Walgreens and buy it over the counter and you know it has very strict quality control.
I believe that people own their own bodies. That means they should be able to put whatever they so desire into their own bodies. If they want to spend half their paychecks doing Oxy, so be it. If they commit crimes to feed their addiction, well we already have laws for that.
But wait, we can then take a rather small amount of the untold billions that we currently spend on the war on drugs and spend it on drug treatment centers. So people who want to get help can get far better help than currently available. Millions of completely nonviolent people would be let out of jail (as if that doesn't destroy families and lives all on its own), we would have far more police, jail space, and court time to go after violent criminals and so on.
What exactly is the downside? People will do drugs? Guess what, they already do. Would you start smoking crack if it became legal because I sure as hell wouldn't so I don't buy the "if you legalize it everyone will do it" story. The people that want to smoke crack already do and will continue to regardless of legality. The only question we are debating is if we should continue to have the largest prison population in the entire world, mostly of nonviolent offenders, or if we should allow consenting adults to do with their own bodies as THEY, not we, see fit?
We have actual real world and very recent data showing that it is far safer, and cheaper on medical resources, for people to use drugs that are legally made by regulated companies versus using similar illicit drugs. Please do your own research, I bet your own area has seen a spike in heroin related ER visits in the last few years. Most of those people would have never touched heroin had they not lost access to pharmaceutical opiates.
Somewhat false. Drugs are a priority for law enforcement mainly because of seizure laws. Before those laws were passed most police departments focused primarily on violent crimes. Amazingly, when you make it profitable to do something, regardless if it is selling drugs or busting people with them so you can take their stuff and use it to buy your department new stuff, people tend to do said profitable activity.
And you know this is a rampant tactic because? Oh right, the media keeps reporting it over and over and of course the media is always right. Plus, the media reports all the times that a search warrant is approved for which all the information is valid.
Plus, I said this before, what reason does the cop have to lie in the affidavit? Is it really worth putting that lie in if it might lead to them losing their job or their life?
Are there some cops that might lie? Sure. Any profession is going to have their bad apples. But, just because the cops make a mistake or screw up, does not mean that they intentionally did so.
- Merg
I will agree with you there, but I don't think it can be solely attributed to our war on drugs.
- Merg
You're right there. The number of people using Heroin today has greatly increased in recent years. And you are also right in that people using it are turning to it as a substitute for Oxy and the like.
- Merg
To an extent. The amount of money that a local department gets back when performing a seizure is actually very little. Most of it goes to the Federal Government and the State. The one exception might be if they seize a vehicle. In that case, if the vehicle has no lien, is owned by the person using it when it was seized, isiongoodcondtion, then it might come back to the Department for them to use. It still has to be reconditioned though first.performing a seizure is actually very little. Most of it goes to the Federal Government and the State. The one exception might be if they seize a vehicle. In that case, if the vehicle has no lien, is owned by the person using it when it was seized, and is in good condition, then it might come back to the Department for them to use. It still has to be reconditioned though first. All that checking still costs the Department money though so they need to weigh if it is worth it at that point.
- Merg
I will agree with you there, but I don't think it can be solely attributed to our war on drugs.
- Merg
So you support a system that you agree has pushed people from a (relatively) safe prescription drug to a much more addictive and far less safe drug, increasing our health care costs, making it harder to treat the people on the drugs, not providing people with treatment to get off of drugs because all of our resources are spent on locking up mostly nonviolent offenders?
Good lord man, why??? Less people would be dead today if it was not for the war on Oxy, and you agree with that, but you still agree with the war on Oxy?
The exact same thing can be said about the homeowner in this instance yet they are going for the death penalty.
So you support a system that you agree has pushed people from a (relatively) safe prescription drug to a much more addictive and far less safe drug, increasing our health care costs, making it harder to treat the people on the drugs, not providing people with treatment to get off of drugs because all of our resources are spent on locking up mostly nonviolent offenders?
Good lord man, why??? Less people would be dead today if it was not for the war on Oxy, and you agree with that, but you still agree with the war on Oxy?
