would you not agree then that you have not the authority to generalize if the police would NOT shoot?
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The Indiana law applies to police who unlawfully enter a home.
In the event of a "raid" there is better than a 95% probability that a valid warrant had been issued for that address. Even if the address is incorrect, if it matches the address on the warrant and has been signed by a judge it is still legal.
HOWEVER, in some areas of our country the rights of citizens are neither respected or protected and in those areas it is not uncommon for police to conduct illegal searches, which can include entering and searching a home without a warrant or kicking down a citizen's door for suspicion of a minor offense (the odor of marijuana is frequently cited).
If a policeman takes it upon himself to kick in a citizen's door without a valid search or arrest warrant, I believe that is only permissible in the case of an emergency or if the officer is in pursuit of a fleeing felon who he saw enter the residence. Police need a damn good reason to legally kick in a door without a warrant. In the event police enter a home unlawfully, they usually do it on their own initiative without backup and know full well what they are doing is unauthorized. That makes them criminals.
Here in Denver I have not heard any cases of this occurring.
Generally, it is not because the dog is barking, but because it is posing a threat. I can tell you from my experience that it is a difficult decision to make.
I am a dog lover and prefer dogs to most people. I recently had a situation where we were executing an arrest warrant ($500,000 bond) on a suspect and I was assigned to the rear of the residence in the event he attempted to flee. I began walking around the side of the residence in the dark when I hear a low growling. I shine my light on a dog house to the side of me and a pit bull getting up out of it. The dog didn't have a collar and wasn't secured by anything.
I could hear at the front door they were in contact with the suspect and I told the dog "Good doggie" and began to slowly back up out of the yard with the dog following me and growling. He stopped at the edge of the back yard and watched me, while I left the property to make sure my pants were unsoiled.
In this situation, everything turned out okay. But I always worry/wonder what would have happened if the suspect took off from the back and I had to chase him and the dog decided to chase me. I wouldn't want to hurt the dog, but I don't want to get tore up either.
I do agree with that. As I stated the police are just people as well. Every person perceives differently, has different levels of training, different levels of experience, different levels of skill, their personalities are different. Not to mention all of these things change on a daily basis.
Regarding the dog issue, not long ago we had an officer get attacked by two pitts, I mean ATTACKED. They started going to town on his legs. He had serious gashes and bite marks on his legs. He was trying to get away but they kept pursuing him. They got him down onto his knees and started jumping at his face. He drew down and killed them both. The homeowner sued him for killing her "beloved babies".
I fail to see how this is news or why every state hasn't adopted such a law. Unlawful is unlawful. Something like this requires LE to have their t's crossed and their i's dotted before proceeding to kick someone's door in. Might make them think twice if a given warrant or situation even necessitates it which most don't anyway. It's time a little bit of power be returned to The People.
Just as long as you are also prepared to go out the same way. If the police come into your home they will not be alone, as stated above they run in packs. Chances are that a tactical entry team will be deployed. If you shoot at the cops you may hit one or two of them before you realize that it's the police but by that time you are DRT.
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I am certainly not using fear to motivate anyone. I condone protecting yourself and your property. I am just tired of tough guy talk online where people are saying f*ck the cops and no matter what if you come into my house and I didn't know about it you are going down. People just need to realize that it's one thing to type about how they are going to light the police up for unlawfully entering their home. Do they realize the emotional issues they may have by doing that? Would they feel guilty? That's all I'm saying, just consider the results of your actions and if your plan is morally okay, legally okay, and is okay with your family then by all means go for it.