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To: papertyger
the only way i can conceive of a homeowner being allowed to live after such an engagment is if he is a has total coverage CCTV, with a live feed going directly to the local network affiliate, AND being an “democratic activist.” Navy SEAL.

LOL what about that scenario? Bunch of overzealous cops think they've got a bad guy cold and bust in his door only to discover an operator serious about his skills and unforgiving of incompetence.

Do you know the first time SFOD-D (Special Forces Operational Detachment - Delta aka Delta Force or aka THE CAG or Combat Applications Group) was ever used in a real operation was the ill fated mission to rescue the Iranian hostages during the Presidential watch of Jimmy Carter. That mission ended in a fiery failure at the release point known as Desert One. Upon their call up for duty one of the Delta operators went back to his apartment just briefly to pickup something personal maybe a watch. Inside his own apartment he came across a burglary in progress. He never hesitated. Drew a Browning Hi Power 9mm from a shoulder holster and drilled the bad guy right through the heart just once and left the body where it fell. Went directly to the unit and reported the shooting to the commander of Delta: Colonel Chargin' Charlie Beckwith.

The Colonel took care of housekeeping and announced the mishap to the rest of the team, much to the dismay of the operator involved. The Colonel put that to rest by explaining that now the team knew they'd been prepped to a razor's edge and were 100% ready for the mission. Too bad nobody was prepped for choppers not being rigged against the intake of sand in a desert environment. That brought the birds down on maintenance and after the mission was scrubbed, there was a collision on the ground between a C130 and a Helo. Eight good guys dead. I don't know if the guy who killed the burglar was one of those. I got all of this from Beckwith's book. Beckwith died a few years ago from cancer.

All I'm saying is that given the number of combat tested veterans that are now streaming into our society from the WOT, it's not an impossibility that such an incident might actually happen. Imagine had that been the case when the jack booted thugs went about grabbing guns after Katrina? All in all, I think it's a good thing that cops remember this when they go charging about in the night waving warrants that are flawed or nonexistent.

37 posted on 10/03/2008 4:34:10 PM PDT by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: ExSoldier
Bunch of overzealous cops think they've got a bad guy

He was a bad guy.

However, the evidence submitted by the City establishes that the search was authorized for evidence of methamphetamine manufacture and that such searches are often dangerous. There was also the risk of harm to Mr. Brutsche if he accompanied the officers, as well as the possibility that his presence would hamper or limit the search. The declarations of SRT Commander Villa and Officer Majack, which are largely uncontroverted, show that it was necessary to breach the doors and that James Brutsche's (Mr. Brutsche's son's) actions dictated the need for the officers' actions. These declarations describe the high risk associated with search warrants for methamphetamine manufacture and the apprehension of individuals in the methamphetamine trade. They explain that James Brutsche was suspected of being involved in the methamphetamine trade, that he tried to barricade himself and another suspect in the mobile home by using a dowel to bar a sliding glass door, and that the officers did not know whether he was arming himself or attempting to rally unknown persons in the home to engage in a fight with police. Further, the declarations describe the danger that evidence would be destroyed before they could search the premises. Villa's declaration also explains that standard operating procedure is to bar access to search scenes during a search, in part to protect innocent bystanders.

Under these facts, reasonable minds could not differ.

http://www.morelaw.com/verdicts/case.asp?n=79252-6&s=WA&d=37471

39 posted on 10/03/2008 6:06:31 PM PDT by Mojave
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