Reply #28: The problem I see and it will come into court someday is this [View All]

1) LEO routinely execute no knock raids (often in situations where they are unwarranted).
2) Criminals participating in Home Invasions sometimes pretend or even dress up as LEO to gain element of surprise.
3) Many states now have "castle doctrine" type laws.

So 1 + 2 + 3...
in the middle of the night a law abiding citizen sees some people prowling around the house, nobody announces their intentions, no police car in sight, and then hears the front door being forced open....

should the homeowner shoot?

The point of the castle doctrine is that homeowner shouldn't risk his/her life to determine the intentions of the invaders. The castle doctrine puts an assumption of intent to cause bodily harm on the invader. The homeowner may safely assume (without risk of crminal prosecution) that someone forcing their way into his/her home intends them harm and use lethal force to prevent that invasion.

Should the resident trust masked men rushing the house that they are indeed police? Without any badge, warrant, or anything other than a vest saying Police which can be bought online for $19.95?

If they shoot LEO is it a bad shoot?

If the family is slain because it turns out the invaders are "bad guys" is the city liable by creating a situation where seconds count and there is no good way to identify LEO?

No-knock raids should be a once in a lifetime situation, instead they are too commonly used.

Why no wait for suspect to leave for work?
Arrest him/her in the driveway? Setup roadblock around the corner and follow him in unmarked car?
Why not cut off water/sewage to home to prevent destruction of evidence?

I am not saying there should NEVER be a no-knock raid but it should carry an requirement that an extreme level of risk to evidence, victims, or 3rd parties exists.

No knock raid to rescue an abducted child from a child rapist/murderer - sure.
No knock raid to stop terrorist attack - sure.
no knock raid on warehouse to stop major shipment of drugs - sure.

No knock raid in middle of the night to arrest a man w/ a single marijuana plant - Hell No.