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You're right. Police don't just have a right to access your property. But the police just weren't accessing the property for the hell of it. No, they were responding to a call, which gave them the right to enter into the yard (not the house) to try to make contact with the occupant of the house.
As for the case on your property, you could have been arrested for impeding a lawful police investigation.
Based on the info given on the non-emergency call, the cops had no justification for creeping around the property peering through windows. Cops need reasonable suspicion to do things like that, they did not have that here. They were illegally trespassing, and I wish the lady had saved her own life by shooting first as well. If she had, I'd be shocked if she would have been charged with anything considering this idiot cop didn't even announce who he was.
Furthermore, "show me your hands" pretty much concludes whether he knew she had a gun or not, it's pretty clear if he couldn't see her hands he didn't know she had a gun. A mute point anyway, because even if he saw a gun he still should have retreated rather than wasting her like a quivering coward.
I honestly don't know how anyone could say what this cop did was ok on any level, it was a horrible fail from start to finish.
Huge point here. In the time it took the cop to shout "show me your hands" and fire off a shot he could have sidestepped a few feet out of the line of fire from within the house. Don't they teach cops how to use cover and to shoot only when absolutely necessary and from protected defensive positions?
I've been wondering why he didn't just side step as well, but I don't think he had anywhere to go. It looks like he was between an A/C unit and the gate he left hanging open into the backyard.
Of course the other side of that is that he stupidly put himself imo in that position.
I've been wondering why he didn't just side step as well, but I don't think he had anywhere to go. It looks like he was between an A/C unit and the gate he left hanging open into the backyard.
Of course the other side of that is that he stupidly put himself imo in that position.
Yes, he is an idiot, and a woman died because of his stupidity.
The cops could not see the gun according to the other officer. The police were trespassing illegally and did not announce themselves as required. They also did not knock on the front door as required by procedure. She could have legally shot the cop, he was the one in the wrong.
I hope he gets 50 years.
And I wonder if it occurred to anyone to try making a simple phone call to the residence before even sending the cops out on the "welfare check".
And I wonder if it occurred to anyone to try making a simple phone call to the residence before even sending the cops out on the "welfare check".
Who knows if it would have helped in this situation. I cant see it being a fail safe in all situations though because so many people don't have land lines now.
Perhaps "welfare checks" need to be run by Fire/EMS department rather than police.
Based on the info given on the non-emergency call, the cops had no justification for creeping around the property peering through windows. Cops need reasonable suspicion to do things like that, they did not have that here. They were illegally trespassing, and I wish the lady had saved her own life by shooting first as well. If she had, I'd be shocked if she would have been charged with anything considering this idiot cop didn't even announce who he was.
Furthermore, "show me your hands" pretty much concludes whether he knew she had a gun or not, it's pretty clear if he couldn't see her hands he didn't know she had a gun. A mute point anyway, because even if he saw a gun he still should have retreated rather than wasting her like a quivering coward.
I honestly don't know how anyone could say what this cop did was ok on any level, it was a horrible fail from start to finish.
The first part isn't true at all. Police have the authority to enter onto the grounds of your premises to conduct welfare checks if they receive a non-emergency call. This includes conducting a safety sweep. For instance, if the police receive a noise complaint, they won't yell out from the street in the off chance that someone will hear them form inside; no, they will walk up to your door and knock/ring the bell . . . and they aren't trespassing by doing so. What they don't have the authority to do is to enter your dwelling space.
Moving on, if I was the state, I'd argue that "show me your hands" is proof that he couldn't see the hands. However, the now ex-officer may say that he couldn't see the hands clearly/wasn't sure if anything was in the hands, which is why he yelled what he did. Its not 100% clear, though I tend to lean in your direction.
Now, I agree that--assuming that the now ex-cop saw a gun (which I don't think he did based on what he said--the cop should have retreated instead of shooting based on the nature of the call. But this isn't a universal reaction and shooting vice retreating can be justified based on the circumstances.
The first part isn't true at all. Police have the authority to enter onto the grounds of your premises to conduct welfare checks if they receive a non-emergency call. This includes conducting a safety sweep. For instance, if the police receive a noise complaint, they won't yell out from the street in the off chance that someone will hear them form inside; no, they will walk up to your door and knock/ring the bell . . . and they aren't trespassing by doing so. What they don't have the authority to do is to enter your dwelling space.
Moving on, if I was the state, I'd argue that "show me your hands" is proof that he couldn't see the hands. However, the now ex-officer may say that he couldn't see the hands clearly/wasn't sure if anything was in the hands, which is why he yelled what he did. Its not 100% clear, though I tend to lean in your direction.
Now, I agree that--assuming that the now ex-cop saw a gun (which I don't think he did based on what he said--the cop should have retreated instead of shooting based on the nature of the call. But this isn't a universal reaction and shooting vice retreating can be justified based on the circumstances.
The chief said that procedure was to knock on the door, not prowl into the back yard and window peep.
The chief said that procedure was to knock on the door, not prowl into the back yard and window peep.
Oh, the now ex-officer clearly violated procedure based on what the Fort Worth police is saying. Trust, I'm not defending the guy in the least. From what I know, it seems clear to me that he unlawfully shot Jefferson. I just disagree with the view that he was unlawfully trespassing by being on the grounds of the property; he was not.
They were not illegally trespassing. But I agree with everything else.
Yes they were. There were no exigent circumstances associated with the "welfare check."
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