[QUOTE=Gary Kumquat]
I’m afraid I don’t know much about US law enforcement, so don’t really understand what’s involved in delivering a warrant. Would it normally involve breaking into the house if the door isn’t opened? Is so, then again would it not be better for them to be clearly visible as police?
[/QUOTE]
I’m not a lawyer, and let’s hope we hear from one soon, but my understanding is that there are warrants and then there are warrants. A warrant to take into custody, for example, won’t necessarily imply permission to enter/break into just any building or dwelling to look for the person you hope to arrest. A search warrant, on the other hand, necessarily assumes access to a given named space (box, room, building, property, I don’t think it gets any vaguer than that), and may confer a right to effect entry with or without consent or knowledge of the owner.
In any event, the granting of a warrant usually weighs the possibility of obstruction, resistance, and/or destruction of evidence, which is the justification for what is called a “no-knock” warrant. That doesn’t seem to be what happened here, but that doesn’t mean it’s not in the minds of any person who has to execute a “knock then enter” warrant.
I am very sorry that the right of the police to protect themselves clashes with the right of people to be secure in their homes, but I think that’s what happened. In that situation, more time and information can mean either defusing the situation or creating a bloodier and costlier mess, and there’s no way to know which until it’s too late.
If the cops didn’t just screw up, there was information. convincing not just to them but to a judge, justifying the search/entry. I suspect that such information might have been false, because if I were a cop, I’d have searched that house thoroughly for drugs and contraband and made sure that any reporter within earshot knew about anything I found. But that doesn’t by itself make the APD evil, it only means they can be fooled. I’m pretty sure that, as three officers went down, any and every policeman who pulled a trigger should not be a scapegoat for this mess.
My impression is that home invasions in the U.S. are not occurring in huge numbers and are declining. The number of home invasions perpetrated by criminals who announce themselves as police and then kick the door in immediately anyway must be smaller still. The number of police raids and searches is comparatively large. The prudent strategy might therefore be to demand to see the warrant (even if you have to shout to do it because you can’t move very fast), which I think you have a right to do even if the police have to slip it through the crack allowed by a chain bolt or by the letterbox installed in your door. A criminal probably won’t have bothered even with a fake; the cops will probably give it to you. Either way, if you don’t shoot at the men entering your house, the criminals might not kill you, and the police almost certainly won’t. And either way if you do, both sets will do their very best to kill you, and they’ll probably succeed.
However, my hat’s off to Euthanasiast, who’s willing to die to make sure that in the future, every cop dealing with any citizen for whatever reason, has his/her finger on the trigger, and to Shodan, who wants the mere word “police” to substitute for the rule of law. Both are admirable in their denial of any ground between the extremes, and we will no doubt someday mourn them both if they stick IRL to the ideals they express here.