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The Florida Fifth District Court of Appeals is misidentified as the Fifth Circuit a couple of times in this article.
1 posted on 04/22/2020 5:39:32 AM PDT by marktwain
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To: marktwain

Wow! These police had no sense at all.


2 posted on 04/22/2020 5:41:47 AM PDT by 17th Miss Regt
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To: marktwain

Yes, let’s trust those brave men who protect all of us from prostitutes.


3 posted on 04/22/2020 5:42:44 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: marktwain

A good decision.

Randy Weaver was acquitted in the death of a US Marshall for similar reasons.

L


4 posted on 04/22/2020 5:43:05 AM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: marktwain

One of them paid a heavy price for that mistake...severely wounded means he probably still isn’t back to normal. No warrant for her arrest and tried to grab her and pull her out of the door? Really?


6 posted on 04/22/2020 5:46:25 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: marktwain
"When agents of the government act as criminals, they should not be surprised when citizens treat them as criminals. When they disregard due process, they should lose immunity for their actions."

The end.

7 posted on 04/22/2020 5:46:28 AM PDT by skimbell
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To: marktwain

So I’m safe in assuming LE only do 3 AM no-knock SWAT raids on conservatives?


10 posted on 04/22/2020 6:02:34 AM PDT by jeffc (The U.S. media are our enemy)
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To: marktwain

I wonder why these cops had such a hard-on for this woman that they went to her house and tried to kidnap her. Without a warrant or probable cause that’s basically what they were doing. As well as trespassing in the man’s house.

There’s something the police are hiding. Unless these cops are simply that stupid.


13 posted on 04/22/2020 6:08:09 AM PDT by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: marktwain

This is part of the reason I belive in having some type of hardened entry or foyer. A locked storm door would allow you to open your front door but not allow a forced entry while the door is being opened. Even better if there was some distance between doors. But simple Ring doorbells or a security camera would allow you to at least see the person knocking before you open up. With double doors the outer door needs to be pulled open which makes it hard to bust open.

Also keep a garage door opener handy. When someone knocks open the garage door first - this totally distracts the whoever is at the door. They tend to back away from the front and turn around to see WTF is with the garage opening thus distracting them and giving you the upper hand.


14 posted on 04/22/2020 6:11:13 AM PDT by 1FreeAmerican
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To: marktwain

I remember listening to Tom Gresham’s Gun Talk a few years ago when a caller asked why he would worry about drawing his weapon quickly in his vehicle while being pulled over. Tom said that it doesn’t matter who’s trying to shoot him, he’s going to do his best to defend himself. That if a cop was illegally trying to shoot him, he’s gonna shoot back if he is able to.

I completely agree.
And pray that none of us ever comes across that kind of situation.


18 posted on 04/22/2020 6:19:44 AM PDT by RandallFlagg (Fact: Gun control laws kill innocents.)
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To: marktwain

Seems like a lot of trouble to go to for a whore. Don’t the police have anything better to do? If not, then we obviously have too many police.


19 posted on 04/22/2020 6:44:05 AM PDT by Bull Man
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To: marktwain

I’ve long been uncomfortable with the term “public servant”, as it conveys an incorrect relationship with negative connotations. I think a better term would be “public agent”, as it more accurately describes things.

A “servant” has to perform tasks outside of their scope, based on the orders of others, which accurately describes most LEOs, overburdened with extraneous duties not directly related to their job.

“Agents” have a much more defined and professional job description. They are not “workers” or “gophers”, but court officers, comparable to military commissioned and non-commissioned officers.


23 posted on 04/22/2020 7:32:39 AM PDT by yefragetuwrabrumuy (Liberalism is the belief everyone else should be in treatment for your disorder.)
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To: marktwain

Not all insanes are locked in an asylum.


24 posted on 04/22/2020 7:37:01 AM PDT by Rannug (When you're dead, you're dead. Until then fight with everything you have.l)
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To: marktwain

There have been a few no-knock cases in Texas in which law enforcement officers have been killed by residents. Grand juries refused to indict the residents.

Unless there is a hostage situation in which a hostage is about to be murdered, there is no good reason for a no-knock raid.


28 posted on 04/22/2020 10:37:12 AM PDT by WASCWatch
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To: marktwain
The Ammoland title is grossly misleading, at best. The source Florida Today article of November 8, 2019 is more accurately titled, "Stand your ground immunity denial overturned in 2015 Brevard deputy shooting case." There is no Court finding of upholding "Right of Armed Citizen to Shoot a Police Officer in Defense." It was conceded by DeRossett that, had he known the cops were law enforcement officers, he would not have had a claim to immunity under the Castle Doctrine.

In the November 7, 2019 opinion regarding whether the trial court had properly considered DeRossett's pleading of self-defence under the Castle Doctrine, the Florida Court of Appeals for the Fifth District found that the trial court improperly shifted the burden of proof and that it must reconsider the Castle Doctrine. It further found that the trial court must find that DeRossett knew, or should have known, at the time he fired his warning shot that he was shooting at law enforcement officers, or that DeRossett was using his home to further criminal activity, or else grant DeRossett's motion and discharge him from the crimes charged.

DeRossett conceded that a person is not entitled to immunity from prosecution under section 776.032(1) for knowingly shooting at law enforcement officers.

The issue of whether DeRossett knowingly fired at law enforcement officers was initally not properly considered by the trial court. On remand, the trial court found a lack of proof to sustain that exemption from the Castle Doctrine.

In the rehearing, the trial court found DeRossett did not know the cops were law enforcement officers. The issue of knowingly firing at police officers was not before the appellate court in 2020.

The appellate court opinion of April 15, 2020 overturned the trial court finding denying Castle Doctrine immunity due to an exception for furthering criminal activity, which finding alleged only that DeRossett had merely known of his niece's prostitution activity, without more. The appellate court found that to be insufficient evidence, as a matter of law, to support the allegation of "furthering" criminal activity. Therefore, the finding of an exemption from the Castle Doctrine failed.

DeRossett v Florida, FL App 5th Dist 5D19-0802 (7 Nov 2019)

DeRossett v Florida, FL App 5th Dist 5D19-0802 (15 Apr 2020)

30 posted on 04/22/2020 11:59:58 AM PDT by woodpusher
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