Serving a No-Knock Warrant in Plain Clothes

Nebor

Lifer
Jun 24, 2003
29,582
12
76
http://www.theagitator.com/200...as-defending-his-home/

Virginia Cop Killed in Drug Raid; Suspect Says He Was Defending His Home

Officer Jarrod Shivers was shot and killed while executing a search warrant in Cheseapeake, Virginia Thursday night.

The suspect had no criminal record (at least in the state of Virginia). And he says in an interview from jail he had no idea the undercover cops breaking into his home were police. The suspect, 28-year-old Ryan David Frederick, also says a burglar had broken into his home earlier this week.

Thought the raid was apparently part of a drug investigation, police aren?t saying what if any drugs were found. They won?t even confirm that police had the correct address. But they have arrested Frederick and charged him with first-degree murder.

As much as no knock warrants are a bad idea, serving one without uniforms is sheer idiocy. This guy was defending his home from an invader, after being invaded earlier in the week. Even if it turns out he had 4 tons of smack, and an arsenal of illegal machine guns, he's got to walk on this first degree murder charge. He was defending himself and his castle.
 

Rainsford

Lifer
Apr 25, 2001
17,515
0
0
According to the story, the police won't confirm or deny what the officer may have been wearing except to say that it's not their policy to serve warrants in plain clothes...maybe you should read the article first, eh?

And seriously, "castle"? It's like your comments come pre-satirized for our convenience. It's your fucking house, you're not Lancelot.
 

rpanic

Golden Member
Dec 1, 2006
1,896
7
81
Originally posted by: Rainsford
And seriously, "castle"? It's like your comments come pre-satirized for our convenience. It's your fucking house, you're not Lancelot.

:)

 

Exterous

Super Moderator
Jun 20, 2006
20,569
3,762
126
Originally posted by: Rainsford
According to the story, the police won't confirm or deny what the officer may have been wearing except to say that it's not their policy to serve warrants in plain clothes...maybe you should read the article first, eh?

And seriously, "castle"? It's like your comments come pre-satirized for our convenience. It's your fucking house, you're not Lancelot.

I read into that "Yeah, he wasn't wearing what he was supposed to but we don't want you to know that yet" but thats just speculation
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: Nebor
http://www.theagitator.com/200...as-defending-his-home/

Virginia Cop Killed in Drug Raid; Suspect Says He Was Defending His Home

Officer Jarrod Shivers was shot and killed while executing a search warrant in Cheseapeake, Virginia Thursday night.

The suspect had no criminal record (at least in the state of Virginia). And he says in an interview from jail he had no idea the undercover cops breaking into his home were police. The suspect, 28-year-old Ryan David Frederick, also says a burglar had broken into his home earlier this week.

Thought the raid was apparently part of a drug investigation, police aren?t saying what if any drugs were found. They won?t even confirm that police had the correct address. But they have arrested Frederick and charged him with first-degree murder.

As much as no knock warrants are a bad idea, serving one without uniforms is sheer idiocy. This guy was defending his home from an invader, after being invaded earlier in the week. Even if it turns out he had 4 tons of smack, and an arsenal of illegal machine guns, he's got to walk on this first degree murder charge. He was defending himself and his castle.

We don't know that the raid was conducted without uniforms. We certainly don't know that the defendant was "invaded" earlier in the week, based on nothing but his own word conveniently given after he shot a cop.

One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?
 

Specop 007

Diamond Member
Jan 31, 2005
9,454
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Originally posted by: Rainsford
According to the story, the police won't confirm or deny what the officer may have been wearing except to say that it's not their policy to serve warrants in plain clothes...maybe you should read the article first, eh?

Its not their policy to kick in doors of innocent people, but they do a fine job of fucking up the address all too often too dont they?

And seriously, "castle"? It's like your comments come pre-satirized for our convenience. It's your fucking house, you're not Lancelot.

You realize its called the "castle doctrine" right? I mean shit, the very laws label your house as a "castle", whats thew problem?
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: Specop 007
Originally posted by: Rainsford
According to the story, the police won't confirm or deny what the officer may have been wearing except to say that it's not their policy to serve warrants in plain clothes...maybe you should read the article first, eh?

Its not their policy to kick in doors of innocent people, but they do a fine job of fucking up the address all too often too dont they?

And seriously, "castle"? It's like your comments come pre-satirized for our convenience. It's your fucking house, you're not Lancelot.

You realize its called the "castle doctrine" right? I mean shit, the very laws label your house as a "castle", whats thew problem?

Is there an actual law that talks about the right to defend one's castle?
 

3chordcharlie

Diamond Member
Mar 30, 2004
9,859
1
81
Originally posted by: punchkin
We don't know that the raid was conducted without uniforms. We certainly don't know that the defendant was "invaded" earlier in the week, based on nothing but his own word conveniently given after he shot a cop.

One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?
Wouldn't be the first time, and people have walked after doing this before.
 

thepd7

Diamond Member
Jan 2, 2005
9,423
0
0
Originally posted by: punchkin
Originally posted by: Specop 007
Originally posted by: Rainsford
According to the story, the police won't confirm or deny what the officer may have been wearing except to say that it's not their policy to serve warrants in plain clothes...maybe you should read the article first, eh?

Its not their policy to kick in doors of innocent people, but they do a fine job of fucking up the address all too often too dont they?

And seriously, "castle"? It's like your comments come pre-satirized for our convenience. It's your fucking house, you're not Lancelot.

You realize its called the "castle doctrine" right? I mean shit, the very laws label your house as a "castle", whats thew problem?

Is there an actual law that talks about the right to defend one's castle?

The name of the law (or nicname I guess) is the "Castle Doctrine." That's what the OP was referring to. I find it hilarious that someone mocking the OP for not knowing how to read would not have heard a common phrase in the firearm/home protection lingo.
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: thepd7
Originally posted by: punchkin
Originally posted by: Specop 007
Originally posted by: Rainsford
According to the story, the police won't confirm or deny what the officer may have been wearing except to say that it's not their policy to serve warrants in plain clothes...maybe you should read the article first, eh?

Its not their policy to kick in doors of innocent people, but they do a fine job of fucking up the address all too often too dont they?

And seriously, "castle"? It's like your comments come pre-satirized for our convenience. It's your fucking house, you're not Lancelot.

You realize its called the "castle doctrine" right? I mean shit, the very laws label your house as a "castle", whats thew problem?

Is there an actual law that talks about the right to defend one's castle?

The name of the law (or nicname I guess) is the "Castle Doctrine." That's what the OP was referring to. I find it hilarious that someone mocking the OP for not knowing how to read would not have heard a common phrase in the firearm/home protection lingo.

It's not the name or nickname of a law, but of a legal doctrine. Is there an actual law that talks about defending one's castle?

 

bamacre

Lifer
Jul 1, 2004
21,029
2
81
Originally posted by: Siddhartha
The US needs to change its drug laws and put an end to this madness.

And yet, none of the top-running candidates have spoken a word about the drug war.
 

Jaskalas

Lifer
Jun 23, 2004
35,786
10,084
136
Originally posted by: Siddhartha
The US needs to change its drug laws and put an end to this madness.

Let the users go free, take the seller out back behind the shed never to be seen again.
 

bamacre

Lifer
Jul 1, 2004
21,029
2
81
Originally posted by: Jaskalas
Originally posted by: Siddhartha
The US needs to change its drug laws and put an end to this madness.

Let the users go free, take the seller out back behind the shed never to be seen again.

That's not going to solve the problem, and obviously you didn't read the link Siddhartha posted.
 

maverick44

Member
Aug 9, 2007
111
0
0
the problem is sometimes users are stupid enough to carry pounds of _(insert drug here) and get labelled as sellers...

I hope to god this wasnt a marijuana case....

 

Nebor

Lifer
Jun 24, 2003
29,582
12
76
Originally posted by: punchkin
One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?

If someone is breaking into your house ("forcing entry" as the police put it) it's entirely legit to shoot them through the door.

Some might say that only a fool would shoot blindly and recklessly, violating several basic firearms handling rules, and I would be one of them.
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: Nebor
Originally posted by: punchkin
One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?

If someone is breaking into your house ("forcing entry" as the police put it) it's entirely legit to shoot them through the door.

Some might say that only a fool would shoot blindly and recklessly, violating several basic firearms handling rules, and I would be one of them.

It's interesting that no one answers my very simple question. Are you debating against yourself now? And it is not necessarily "entirely legit" to shoot someone through the front door; it depends on the circumstances. An easy example would be someone who announces themselves as the police before they begin breaking down your door, because you have refused to open it.

Shooting blindly and recklessly could well make one guilty of a crime. You should watch the terminology.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,268
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I think we should all stand around and see if the person who just charged through the door kills our family. We don't want to risk making the police angry.
 

1EZduzit

Lifer
Feb 4, 2002
11,833
1
0
Originally posted by: punchkin
Originally posted by: Nebor
Originally posted by: punchkin
One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?

If someone is breaking into your house ("forcing entry" as the police put it) it's entirely legit to shoot them through the door.

Some might say that only a fool would shoot blindly and recklessly, violating several basic firearms handling rules, and I would be one of them.

It's interesting that no one answers my very simple question.

I guess we all read the same article you did so why would you expect anybody to have a definitive answer?

Perhaps you could help us answer the question. Did the door have a window? :p
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: Hayabusa Rider
I think we should all stand around and see if the person who just charged through the door kills our family. We don't want to risk making the police angry.

No, obviously not. But if multiple people charge through your door yelling "SWAT! On the ground!", and are wearing riot gear, you may want to lay down the weapons you almost certainly won't have in your hand unless you're waiting for an attack. You might especially want to lay down your weapons if you're a criminal and the warrant is justified.
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: 1EZduzit
Originally posted by: punchkin
Originally posted by: Nebor
Originally posted by: punchkin
One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?

If someone is breaking into your house ("forcing entry" as the police put it) it's entirely legit to shoot them through the door.

Some might say that only a fool would shoot blindly and recklessly, violating several basic firearms handling rules, and I would be one of them.

It's interesting that no one answers my very simple question.

I guess we all read the same article you did so why would you expect anybody to have a definitive answer?

Perhaps you could help us answer the question. Did the door have a window? :p

I'm just wondering how much evidence there is that the defendant's belief that he was being attacked by criminals was reasonable. It's something the defendant will have to prove if he claims self defense. It may actually be true, especially if the police didn't identify themselves-- I just don't think that's likely.