Commiefornia Police Kick in Door and Taze Person Filming Them

[DingleBerns]

Obviously you don't fight it right then and there unless absolutely, 100% sure you're in the right, necessary, but nothing wrong with saying "hey, this is too far, pump the brakes or you're gonna get flippin' sued."

I agree and it will come out if they keep abusing their power. Ha, I have never heard that one before (ok maybe once a night.)

[CroiDhubh]

You don't just kick in doors. You make yourself so annoying that they feel compelled to humor you and don't go away until then. Now, if there is some damn good, and it better be damn good, reason to kick in the door, then of course you do. Just showing up to a possible DV with someone not wanting you to come inside is NOT enough to kick in the doors.

We don't know what the initial call was and we don't know what the cops heard coming up to the house. I got to be present when a few officers busted in a door over a possible DV, but that's because of how the call came out from dispatch. Need more info.

[RblDiver]

Question from an on-the-fence ignorant most-definitely-non-cop: Isn't there generally some form of "dial-a-judge" who can create a quick warrant for cases like this? So, for instance, one officer can be engaging the husband while another requests a warrant, which is quickly granted? That way they could then tell the man that they do indeed have a warrant to investigate, and door-kicking only becomes necessary if it looks like action is imminent?

[CroiDhubh]

Yes and no. It wouldn't be used in this situation. More to it than this, but you basically swear over the phone why you have probable cause, a temporary one is issued to you, and the official one is delivered quickly. Just needing to talk to someone about a possible DV isn't enough to get a warrant for entry.

[OneGuy67]

Question from an on-the-fence ignorant most-definitely-non-cop: Isn't there generally some form of "dial-a-judge" who can create a quick warrant for cases like this? So, for instance, one officer can be engaging the husband while another requests a warrant, which is quickly granted? That way they could then tell the man that they do indeed have a warrant to investigate, and door-kicking only becomes necessary if it looks like action is imminent?

No. There are telephonic warrants where you faxed or emailed a warrant application and the judge swears you to it via phone and then faxes or emails a signed warrant back. Other than that, no.

[CroiDhubh]

No. There are telephonic warrants where you faxed or emailed a warrant application and the judge swears you to it via phone and then faxes or emails a signed warrant back. Other than that, no.

This is part of the "more to it".

[Bailey Guns]

I would also say we are not free if as citizens we are always expected to be the ones to backdown when confronted by authority. There are extreme cases like Ruby Ridge and Waco and smaller like Ronin's mom. We know how those turned out. The right answer is that unless the cop knows 100% somebody is in danger they should expect to backdown. That does not mean leave just backoff and get a judicial review if the citizen is pushing their rights. They hear a scream, go get'em. Other than that backoff, you have control of the perimeter if that is warranted. If I can't be in control of my own home what are we saying that this is a free country.

No, Hound, that's not the right answer. And the reason you are expected to defer to authority is because the police are engaged to keep the peace. And in a scenario like I outlined above they don't need to get a judicial review. It's already been done. It's called case law and precedence.

It's like talking to a freakin' wall.

[Bailey Guns]

Question from an on-the-fence ignorant most-definitely-non-cop: Isn't there generally some form of "dial-a-judge" who can create a quick warrant for cases like this? So, for instance, one officer can be engaging the husband while another requests a warrant, which is quickly granted? That way they could then tell the man that they do indeed have a warrant to investigate, and door-kicking only becomes necessary if it looks like action is imminent?

There is but it's not appropriate in cases where police officers have probable cause to believe someone is in danger. Like I said above, police officers don't typically get warrants for stuff like this because it's established as permissible through case law and precedent.

If they were to back off and wait for a warrant (which doesn't happen as quickly as it does on TV...even with an on-call judge) and then the husband decides to take the entire family out with him, now who's at fault? That's right, you'd all be pissin' and moanin' that the cops didn't do their job.

So someone else can argue fruitlessly with Hound because he's obviously too dense to listen to reasonable and correct explanations. People like him are why gin was invented.

[OneGuy67]

So someone else can argue fruitlessly with Hound because he's obviously too dense to listen to reasonable and correct explanations. People like him are why gin was invented.

Hmmm! Gin and tonic! I'll ghost toast you tonight with one!

[Bailey Guns]

Hmmm! Gin and tonic! I'll ghost toast you tonight with one!

Exactly what I had in mind. Cheers!