Yet another: What would you do?

If the story is 100% accurate and without bias then the Police acted improperly.  I know that 100% accuracy and unbiased reporting is basically non-existent anymore.....so I don't know.

I would have liked to see this comment expounded on:

“I feel
bad for her,” Wiggins conceded, finally. “But at the same time, I had to
reasonably believe the bad guy was in her house based on what they were
doing.”

I would have liked to hear what the officer actually saw that made him believe that.  And I would like to hear what the "tip" that was called in actually said.

This I know....there are as many versions of an event as there are people at the event.......you got one version in that story. It may be the true one, I don't know....but it just as easily may not.

Truthfullness of the story aside. What would have given the cops the right or ability to do this no matter how the home occupants were acting? What is the law that gives the cops the right to bust in a door because you won't open it for them even though they don't have a warrant?

Without a warrant the homeowner should be able to tell the cops to eff off. I suppose the old probable cause excuse could be used. But since when is a phone tip about the entire complex probable cause to demand entry into every apartment in the place? Between BS "obstructing an officer" charges and abuses of probable cause such as this, it is no wonder to me that many people have zero trust in the police. They do whatever the heck they want then drop the charges later and then tell the person who was wronged "hey at least you aren't dead" shut up and get over it. 

Questions aside. The thing that pisses me off most about cops attitudes is their belief that because they need to "go home at night" they are above everyone else. This idiot says he doesn't like having a gun pointed at him but then admits to pointing a gun at the lady and says she should shut up and be glad she isn't dead. Why does he get to point a gun but she does not? Oh yeah, he has to go home at night, but she doesn't matter because she is a civilian, no need to worry about her life. BS at it's finest. This guy should be fired based on his statements alone let alone his actions. 

If you have a felony arrest warrant I don't need a search warrant to enter your home.  The same if someone is at your home and has a felony warrant.  The Police DO NOT need a search warrant to break down your door and arrest someone in your home who has a felony warrant.  What is needed is the baility to articulate facts and circumstances that lead you to believe that person is in that particular home.

Again....I'm NOT saying that is the case here, just clearing up the need for an actual search warrant.

Good to know.

What is the proper level of certainty that a felon is in the home that should be reached before breaking down a door? Are there set requirements? And who makes the decision? Someone in a supervisory role or can any cop decide they are certain enough to go ahead?

You have to have probable cause to believe the person with the warrant is in the building you are going to enter.  The test is "reasonableness".  Youmust be able to articulate facts and circimstances that would lead a reasonable person to believe the thing (in this case a person) you are searching for is in the building (in this case a home).  It's no different than the standard for obtaining a search warrant except for the fact that a warrant for the arrest has already been issued.....so you don't need a search warrant.

If I'm the supervisor giving the go-ahead to kick a door in....somebody better be able to tell me that they saw the person in the building and there is noway they could have gotten out.

Ultimately, the person making the entry is responsible.....but the finger ends up getting pointed at the supervisor, then his supervisor, then the Chief, and then the City.....at least that's who all are named in the lawsuit.

I think the biggest issue I have is the heavy handedness that's going on.  If somebody gave a tip (right or wrong) that a wanted felon was in my home, why not just surround the house and announce.  It seems like busting down the door with a full SWAT stack entry seems to be escalating the situation unnecessarily.  If an innocent person is just standing in the kitchen cutting tomatoes she could be gunned down for "holding a deadly weapon" with a high profile entry like that.

Yes, the element of surprise may be lost, but unless you have absolute confirmation that the wanted dude is in the house then I don't get it.

That sounds a lot more reasonable. 

Yeah Tony....I agree....which is why I wonder why the people in the home didn't just open the door......IF the story is factual. 

The part that doesn't ring true with me is the yelling of "I'm an American citizen" by the lady.  I have to say I've never actually heard anyone yell that in all the entries I've been a part of.....but it seems to be in every story of "unlawful entry".  I call BS.

One thing I've learned is to communicate as much as possible why you're doing what your doing when dealing with police.

Even though I'm a stick in the mud when it comes to working with the police I'm always very polite and informative.  Officer, I am going to reach for my drivers license which is in my left back pocket.  I'll turn around so you can see what I'm doing, etc...  No matter how "right" I am legally it doesn't matter much if I've got a bullet in my head from a nervous officer. 

If I'm presented with the same situation in this article I would communicate as much as I could through the door.  There is nobody in here, I legally have a gun, I have three children, please show me your ID because I do not believe you are the police.  I'm on the phone with 911 right now to verify you are legit.
My first priority would be to keep my family safe and if I was confident it was the police then I would most certainly comply with whatever they want and deal with the legality of it later in court.  The scary part is if people just bust in with yelling/screaming and bright lights in your face.   Any evening at my house, my wife and I are sitting on the couch and we both have our guns on us.  If somebody just breaks the door in screaming and yelling it's hard to say how we'd react in that type of scenario.

So, I agree that the "I am an American Citizen" seems a little odd, but people are a lot more aware of their civil rights over the last 12 months than ever before.  So it's not unheard of.

The one that I always think of is the "Am I being detained, or am I free to go" question.  I've watched so many youtube video's with police interaction that this is one of my goto's.  I rarely get stopped for anything, but I did get stopped for rolling through a stop sign a year or so ago.  After he handed me my ticket, he asked if he could take a look inside my car, to which I simply responded.  "Am I being detained, or am I free to go?"  He looked at me funny and asked me again, and I gave him the same response.  He shook his head and said, no you can go.

Are you serious?  I can't even imagine that.  I don't mean it as a put down, I just can't imagine me doing that.  So you're just sitting around watching TV with a gun strapped on?  I'd shoot the TV.

lol, no offense taken.  It's not that I'm worried about somebody breaking into my house so much as it is that I just wear my holster/gun all day every day (where legal).  I've got a really comfortable crossbreed IWB holster (wife has the same) and my pants are a size too big in order to accommodate it.  So, to be honest it feels weird and my pants don't fit me right if I'm not wearing it.    Even when I don't have my gun I still wear my holster because of the pants size issue.  I'm also too lazy to walk up stairs and put it away and change clothes when I get home (the real truth).

Mr Booty watches the same YouTube you do.

Would make it hard to watch MSNBC and not have to make a weekly trip to Best Buy for a new set.

The flip side:  When my wife tells me to take out the trash... I do it

That article gave examples where the use of a SWAT was over the top IMO, but I also known from the dealing I have had with SWAT teams in the ORC cases I have worked is that they are very strategic, and professional and precise. I think it does all go back to the leadership of the team. If you have a good leader that knows what he is doing, then you do not have instances like this article gave as examples.

There is nothing in that article that is not factual.  Most Police cars are now equipped with AR-15's and hundreds of rounds of ammunition, a 12 gauge shotgun with dozens of rounds.  We have armored vehicles, air support, K-9 support, and on and on.  Truly, we could gather an army that would be formidable against most nations of the world.

One of the incidents that the article left out that was more of a catalyst than most people realize was the bank takeover robbery in the early 90's in Los Anglelos in which the police were so outgunned that they had to go to a local gun store and take weapons off the shelves to fight back.....we had AR-15's, both fully and semi-automatic within a matter of years in most Police cars around the country. 

I detest the attitude of "anything to make it home" although I understand where it comes from.  In my own limited experience 5 officers I worked next to at some point, including a partner, have been killed in the line of duty.  They left 17 children.  Still, our job is to serve and protect the public, and if the pendulum swings too far in the wrong direction toward militarization than we have a problem.....maybe we are getting there.  My wife, the most liberal person I know, is pro-gun.....her stance is simply, "I don't want to live in a country where only the Police have guns".....she's right.

The answer?  End the war on drugs......it's a farce.  I have worked undercover, I have worked interdiction, and I supervise a drug unit.  Our prisons are filled with non-violent drug offenders, our coffers are overflowing with seized money that can only be used for the purchase of equipment (guns, helicopters, armored vehicles, etc.) or salaries. 

IMO, if we legalize drugs in this country you will see a dramatic drop in gang violence, a dramatic drop in the ability of Police departments to equip themselves for "war", and a dramatic increase in prison space for truly violent people in our society....who, for all I care, can stay there forever.

This is not uncharted territory.  We had prohibition in this country.  It gave rise to gangs and untold violence. (see Al Capone, etc.)  When prohibition ended, so did the violence and the need for all of the "alcohol task forces".