Wednesday, July 7, 2010

Question about Supreme Court ruling on ';no-knock'; home search...?

The Supreme Court ruled that evidence found during a ';no-knock'; search of a home can be used in court. Here is what I am wondering, if the authorities enter somebodies home without announcing their presence, what happens if the person shoots at them? Isn't that self-defense?Question about Supreme Court ruling on ';no-knock'; home search...?
No-Knock only applies under certain circumstances (cops likely to encounter gunfire, possibility loss of evidence: drugs flushed down the toliet, ect.)





However no-knock does not mean no-announce. The police should always announce that it is the ';police'; ect. when coming through your front door even when a no-knock warrant applies.





Further, technically it would not be self defense to shoot someone coming into your home until they make it all the way inside and present themself with a weapon likely cause you serious injury or death.Question about Supreme Court ruling on ';no-knock'; home search...?
If they announce, if they do not knock they could startle the inhabitants and if an injury or homicide resulted, it would be justifiable.

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The ruling did not address that particular point, but a previous ruling from 1948 suggests that a resultant homicide might be considered justifiable.
Read the ruling first. Then comment.
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