No Appeal in Aquital of First Degree Murder of Laval Police Officer

no color

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May 20, 2007
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I'm very disappointed that the Crown did not appeal the not guilty verdict. Initially when this individual was acquitted, I was quite upset, both with the prosecutors for not providing a strong enough case and with the jury members for letting a cop killer go free.

This guy was found to have hard drugs in his home. Anyone involved with hard drugs should be tried and convicted with a felony crime. No convicted felon should have any right to own a firearm. I'm all in favor of responsible gun ownership, however for those of us who stay within the law.

This individual claimed self defense as someone was out to get him and he mistook the police for those who were after him. Well, he only has himself to blame, if he wasn't mixed up with drugs, he wouldn't have been in the situation to begin with. Now a police officer is dead and his family members get no justice because his killer was acquitted.

Great society we live in, we seem to have a habit of bending over backwards and providing more rights to the criminal than to law abiding citizens. Both the Federal and Provincial lawmakers need to wake up and drastically overhaul our justice system to do what it was intened for ... punish our criminals.


The Montreal Gazette
ANNE SUTHERLAND

The Laval police brotherhood and the provincial union of municipal police officers have finally spoken out about the Crown's decision not to appeal the jury verdict acquitting Basil Parasiris in the first-degree murder of Laval police officer Daniel Tessier.

Tessier was killed in the line of duty on March 2, 2007, during a pre-dawn drug raid of Parasiris's Brossard home. Nine Laval police officers were involved in the raid, where a battering ram was used to break down the front door.

After Parasiris was acquitted of first-degree murder by a jury on June 13, the Crown decided on July 11 that it would be impossible to convince the Court of Appeal that a different verdict could be reached in a new trial.

Read more here ...

Officers deplore Parasiris acquittal
 

scratch

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May 20, 2008
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I'm very disappointed that the Crown did not appeal the not guilty verdict. Initially when this individual was acquitted, I was quite upset, both with the prosecutors for not providing a strong enough case and with the jury members for letting a cop killer go free.

This guy was found to have hard drugs in his home. Anyone involved with hard drugs should be tried and convicted with a felony crime. No convicted felon should have any right to own a firearm. I'm all in favor of responsible gun ownership, however for those of us who stay within the law.

This individual claimed self defense as someone was out to get him and he mistook the police for those who were after him. Well, he only has himself to blame, if he wasn't mixed up with drugs, he wouldn't have been in the situation to begin with. Now a police officer is dead and his family members get no justice because his killer was acquitted.

Great society we live in, we seem to have a habit of bending over backwards and providing more rights to the criminal than to law abiding citizens. Both the Federal and Provincial lawmakers need to wake up and drastically overhaul our justice system to do what it was intened for ... punish our criminals.




Read more here ...

Officers deplore Parasiris acquittal

Being a Quebecer, although the crime was horrendous, I am not surprised. Incontrovertible evidence must have been ruled inadmissible by the Crown. Ergo no prosecution bite. I have seen this happen more than once in Quebec's courts.
 

Praxius

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Dec 18, 2007
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I'm very disappointed that the Crown did not appeal the not guilty verdict. Initially when this individual was acquitted, I was quite upset, both with the prosecutors for not providing a strong enough case and with the jury members for letting a cop killer go free.

The police acted on an illegal raid which created the situation to occur in the first place.

This guy was found to have hard drugs in his home.

So?

Anyone involved with hard drugs should be tried and convicted with a felony crime.

Sez you, but since they operated an illegal raid due to the time it was conducted, any evidence found is irrelevent and can not be used in a court of law. Plus the innocent until proven guilty routine.... I don't remember hearing him being tried and convicted of a felony crime, since this so-called raid was to arrest him and sieze any evidence they could to convict him of what you say, but it didn't work that way.

No convicted felon should have any right to own a firearm.

Was he convicted? You're bouncing your logic and laws around to suit your own objective..... trying to make him guilty of something he hasn't been proven to have done (Drugs) so that you can find him guilty of something else after before the fact (Owning a Firearm) So that he can be found guilty of something illegal during the shooting of the police officer who was originally in the wrong.... that makes no sense.

I'm all in favor of responsible gun ownership, however for those of us who stay within the law.

This individual claimed self defense as someone was out to get him and he mistook the police for those who were after him. Well, he only has himself to blame, if he wasn't mixed up with drugs, he wouldn't have been in the situation to begin with. Now a police officer is dead and his family members get no justice because his killer was acquitted.

You need to pull your head back into reality for a moment and stop with this emotional roller coaster you're tripping on.

His story is confirmed because of various break ins and robberies in his community at the time of the raid.... even I remember reading the news about those at the time. The police entered his home outside the hours police should be conducting raids, the man in question feared the saftey of his family, and he shot the intruders in self defence.

As was explained in the court, the police were not identified with proper uniforms or badges, they didn't identify themselves when they entered the dwelling, and thus, his self defence and shooting of the officer was justified.

And I'd do the exact same thing..... just because you're a police officer, doesn't mean the law and rules don't apply to you.... if you want to put someone behind bars for something illegal, then do it the right way or don't do it at all.

Great society we live in, we seem to have a habit of bending over backwards and providing more rights to the criminal than to law abiding citizens.

Innocent Until Proven Guilty.... that's why there are rights in the first place.... and he isn't a criminal, except in your own eyes due to emotional baggage from some of the speculative details you hooked yourself on.

Both the Federal and Provincial lawmakers need to wake up and drastically overhaul our justice system to do what it was intened for ... punish our criminals.

Reality Check: He's not a Criminal

http://www.theglobeandmail.com/serv...National/?page=rss&id=RTGAM.20080613.wlaval13

".... Laval Police Chief Jean-Pierre Gariepy expressed dismay at the decision and reiterated the reason his officers entered Mr. Parasiris's home in the first place.

“Beyond the verdict, it is useful to remember that Mr. Parasiris had four firearms in his home and only one was legally registered,” Chief Gariepy told a news conference Friday night. “We found a variety of drugs and 17 cellphones and pagers in the home.”

But Chief Gariepy also acknowledged the trial had raised concerns about how the police operation was conducted....."

"....Mr. Parasiris had maintained that he was defending his family when police smashed through the front door of his south-shore home with a battering ram.

He said he and his wife believed they were the victims of brazen home invaders when he engaged in a wild, yet seconds-long shootout with police who were trying to gain entry to his bedroom.

Mr. Parasiris said he had little time to react to protect his wife and two children, one of whom called 911 for help.

Much of the defence's case centred around whether Const. Tessier, who was in plainclothes and wearing a bulletproof vest with the word “police” on the back, was properly identifiable.

In motions heard before the trial began and kept from the jury, Quebec Superior Court Justice Guy Cournoyer declared illegal the warrant police used to enter Mr. Parasiris's home.

The judge ruled the evidence used to obtain the warrant was insufficient, lacked detailed information and “should not have been issued.”

He said that rights guaranteed to Mr. Parasiris under the federal Charter of Rights and Freedoms were violated.

Judge Cournoyer also ruled the so-called dynamic entry by police was unnecessary. He found the aggressive tactic was not originally part of their plan in a crackdown on a cocaine-trafficking ring in the Laval area north of Montreal.

Judge Cournoyer also acquitted Mr. Parasiris of the attempted murder of another police officer during the raid and two weapons-related offences......"

Sounds a little different when you have more of the information doesn't it?

Quite honestly, I have had one too many people I have known who have been raided by police due to false identity or wrong address, heard their stories of being slammed to the ground, having SMG's shoved in their faces, yelled at, their homes destroyed and ransacked and many of them are still suffering from injuries from those raids.

One case in paticular was one of my Ex's father had a name very similar to a well known drug dealer with a bad history and possession of firearms... the only difference was his middle name..... oh and his Age.

The guy they were looking for was a 45 year old cocain drug dealer who was known to own firearms..... my ex's father was a 65 year old man who was already frail for his age. He still suffers from breathing problems from when they had several guys on his back as they handcuffed him.

The police arrested him, my ex's mother and they left her out on the street to fend for herself at the age of 14 because now her home was being reviewed for evidence etc. They told her that she wasn't their problem. And after a few days being spent in jail, they finally released her father from prison after they finally realized they got the wrong guy.... they tossed him out the door with no clothes except what he was arrested in, had to find money to get back from Dartmouth to Kentville..... hell, he didn't even get so much as an apology for what he went through.

Those rights for "criminals" you bitch about are there for a reason.... so that police make sure they have their god damn details straight, have all their T's crossed and i's dotted, so they get the right guy. I would hate to hear what you'd have to say when those same rights to protect you and I are gone and something like this happens to you.... and then you're put out on a public witch hunt for something you didn't do, or you were justified in doing in the first place.

The police screwed up royally in this situation... they can live with it.
 

tracy

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It is a ridiculous verdict. The notion that you should be allowed to kill police who come to arrest you is a perversion of reason.
 

Praxius

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It is a ridiculous verdict. The notion that you should be allowed to kill police who come to arrest you is a perversion of reason.

If you don't know that it's police coming to get you, they don't notify you by yelling "Police", they are not properly identified as they enter your home and you are wanting to protect your family from home invaders, what do you suggest should have been done by the guy?

If it wasn't a gun, it would have been a knife.... if not a knife, then a baseball bat, or some other weapon.... regardless, the police officers would have been attacked. The protection of one's home and family is engrained in just about every human.

The reason why this shootout only lasted for a few seconds, was because he realized they were police officers.... if not, I am sure the headlines would have said that the man was killed during a shootout with police (Simply because he wanted to kill some cops, as many here seem to think)

The guy has been quoted as saying he is sorry for the police officer's family's loss, and if he could turn back time, he would have probably rethought things through.

But history doesn't come back for us to correct, and when one looks at the evidence and the procedures used by the police during this raid, the fault starts and ends with the police officers. They created the situation by not following proper procedure, and this is what happens when you don't follow procedure, plain and simple.

If I had a bunch of people stoming my house in the middle of the night, without any proper identification that they are police officers there for a search warrent, then I would probably do the exact same thing to protect my family. I have no issues with being charged or arrested for something I may or may not have done..... that's for the courts to figure out.... but when it comes to the protection of my family and loved ones, and being one who has been personally involved as a victim in an assault or two a few years back.... you're damn right I would act the same way he did... and if I don't have a gun (Which I don't) then it would have been one of several edged blades being thrown about that I have.

There is no notion or justification of killing a police officer... but there is justification towards a home invader or from someone you fear your life/safety from, or your family's....(Self Defense) and when police use an illegal search warrent and raid your house during a time not approved... (not to mention not identifying yourself as a police officer when entering) then you're a home invader.
 

shadowshiv

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May 29, 2007
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Boy, he got to that 357 awfully quickly. Makes me think it was not disassembled and/or secured like it was supposed to be. Also, he had 3 illegal guns in his house. Makes sense if you are a drug dealer. Which he is. He got lucky that he was not found guilty of murder, but I guarantee that he will be living under a microscope for the rest of his days in Quebec.

While he may have been found "not guilty" by the jury, he is still a cop-killing piece of **** in my eyes and that will never change.
 

tracy

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If you don't know that it's police coming to get you, they don't notify you by yelling "Police", they are not properly identified as they enter your home and you are wanting to protect your family from home invaders, what do you suggest should have been done by the guy?
.

I simply don't believe he couldn't tell they were cops. A guy in a bullet proof vest, dozens of people coming in... oh and maybe you're a drug dealer... my first guess would be cops.

If it wasn't a gun, it would have been a knife.... if not a knife, then a baseball bat, or some other weapon.... regardless, the police officers would have been attacked. The protection of one's home and family is engrained in just about every human.
.

Hey, I'm all for home protection. I had a man break into my apartment a few weeks ago. Fortunately he didn't mean me any harm, but it scared me badly at the time. Woman living alone, strange and large man breaks into her apartment at 1am... I'm sure you can imagine... As scared as I was though, I didn't just attack him without taking a split second to figure out what was going on. I picked up a knife, I didn't use it.


The reason why this shootout only lasted for a few seconds, was because he realized they were police officers.... if not, I am sure the headlines would have said that the man was killed during a shootout with police (Simply because he wanted to kill some cops, as many here seem to think)

The guy has been quoted as saying he is sorry for the police officer's family's loss, and if he could turn back time, he would have probably rethought things through.

But history doesn't come back for us to correct, and when one looks at the evidence and the procedures used by the police during this raid, the fault starts and ends with the police officers. They created the situation by not following proper procedure, and this is what happens when you don't follow procedure, plain and simple.

If I had a bunch of people stoming my house in the middle of the night, without any proper identification that they are police officers there for a search warrent, then I would probably do the exact same thing to protect my family. I have no issues with being charged or arrested for something I may or may not have done..... that's for the courts to figure out.... but when it comes to the protection of my family and loved ones, and being one who has been personally involved as a victim in an assault or two a few years back.... you're damn right I would act the same way he did... and if I don't have a gun (Which I don't) then it would have been one of several edged blades being thrown about that I have.

There is no notion or justification of killing a police officer... but there is justification towards a home invader or from someone you fear your life/safety from, or your family's....(Self Defense) and when police use an illegal search warrent and raid your house during a time not approved... (not to mention not identifying yourself as a police officer when entering) then you're a home invader.

I don't think he wanted to kill a bunch of cops or anything, but had there not been a bunch more cops behind the one he murdered, I have no doubt he would have been out of there and on the run. The cops that chose not to kill him showed proper restraint. The police acted on a search warrant issued by a judge. It was legal when they had it. They don't have to pick a convenient time. They probably did it the way they did because they suspected he had a few weapons (he did) and was willing to use them (he was). Surprising him early was probably a tactical decision. It didn't work out.

I have no doubt this would have been his story regardless of how police identified themselves. If they yelled, he didn't hear them. If they wore "POLICE" on the front of their vests, he couldn't read it. If they wore uniforms, he couldn't see them. Basically short of the police sending a registered letter to drug dealers they want to arrest asking them to willingly come to the police station without destroying any evidence at their homes first, I don't see how the cops can win on this one.
 

Praxius

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I simply don't believe he couldn't tell they were cops. A guy in a bullet proof vest, dozens of people coming in... oh and maybe you're a drug dealer... my first guess would be cops.

Gee... guess what? It wasn't in the middle of the day with all kinds of wonderful sunlight to illuminate these people for a clear identification and at best, he would see outlines of people, not vests (Which also only had "POLICE" on the backs of the vest, not on the fronts)

And considdering the fact there was a trend of break ins and robberies in his community around the same time they busted down his door? Sure.... yeah, my first thought when woken up in the middle of the night would be police..... why the hell not?

If he knew they were cops, then why did he stop shooting seconds after opening fire and why didn't he just keep unloading on these guys? It was reflex based on wanting to protect his family.... not just to go and shoot down some police and then just simply give up. Use some logic, geez.

Hey, I'm all for home protection. I had a man break into my apartment a few weeks ago. Fortunately he didn't mean me any harm, but it scared me badly at the time. Woman living alone, strange and large man breaks into her apartment at 1am... I'm sure you can imagine... As scared as I was though, I didn't just attack him without taking a split second to figure out what was going on. I picked up a knife, I didn't use it.

And not all situations are like that, and not everybody thinks like you do. You still picked up a weapon for your defense because you didn't know what was going on, that's the reaction I was talking about. Whether or not you act to defend yourself is subjective..... but you were still in your right to defend yourself with that knife from your home invader. People have a right to feel safe and secure in their homes and if they can not defend their homes or themselves from invaders, then there is no security.

I don't think he wanted to kill a bunch of cops or anything, but had there not been a bunch more cops behind the one he murdered, I have no doubt he would have been out of there and on the run.

Well he knew there was more then just one, as he explained he heard many footsteps.... so chances are that wouldn't have been the case.... and your speculating now, claiming little doubt in your belief. I could think of several ways to bring about reasonable doubt in this situation..... but I don't need to, because the case is closed.

The cops that chose not to kill him showed proper restraint. The police acted on a search warrant issued by a judge. It was legal when they had it. They don't have to pick a convenient time. They probably did it the way they did because they suspected he had a few weapons (he did) and was willing to use them (he was). Surprising him early was probably a tactical decision. It didn't work out.

Once again:

"In motions heard before the trial began and kept from the jury, Quebec Superior Court Justice Guy Cournoyer declared illegal the warrant police used to enter Mr. Parasiris's home."

and

"The judge ruled the evidence used to obtain the warrant was insufficient, lacked detailed information and “should not have been issued.”

Thus, the warrent was illegal from the get go..... plus:

"Judge Cournoyer also ruled the so-called dynamic entry by police was unnecessary. He found the aggressive tactic was not originally part of their plan in a crackdown on a cocaine-trafficking ring in the Laval area north of Montreal."

Warrents are very specific and assign only specific places the police are allowed to search in your home. Warrents are very detailed on when, what and how one is supposed to use that warrent, and if the above is all true, which the judge felt it was, then the police were in the wrong. Warrents are not a free ticket to do whatever you want, whenever you want, however you want, just because you have a badge.

Oh And:

"Mr. Parasiris said he had little time to react to protect his wife and two children, one of whom called 911 for help."

Tell me.... If they knew they were cops coming for them, why would they call 911 to claim they are being broken into? Why call the police if you're about to willingly shoot police?

I have no doubt this would have been his story regardless of how police identified themselves. If they yelled, he didn't hear them. If they wore "POLICE" on the front of their vests, he couldn't read it. If they wore uniforms, he couldn't see them. Basically short of the police sending a registered letter to drug dealers they want to arrest asking them to willingly come to the police station without destroying any evidence at their homes first, I don't see how the cops can win on this one.

You're over simplifying the situation to suit your own goals.... how many other drug busts or raids over the years/decades have occured this way? How many other suspected dealers tried to pull a shootout with cops and then use this form of defense? Not many, if any.... because drug raids and busts are conducted in a certain way to avoid these sort of situations... there are procedures in place that must be followed to prevent accidents and mistakes such as this, and when the police don't follow their own rules and procedures.... who's to truly blame for creating a situation like the above?

If you want to take a dealer off the streets, then do it the right way or don't do it at all.

I've got great respect for most police officers, but I'm not afraid to point out when they screw up, and this time they really screwed up...... and the judge seems to agree.
 
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tracy

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Just a few things,

The warrant was declared invalid AFTER THE FACT. The cops don't have to take the warrant application to other judges to make sure the first judge was right when he issued it. At the time they used it, it was legal.

One of his children called police, he didn't. He had no way of knowing that at the time, so it seems irrelevant to me.

Either way, I agree with you and don't think he wanted to shoot a bunch of cops. He did though and I do think he should have known better. I do believe in self defense, I don't believe you should have no responsibility when things go badly.
 

shadowshiv

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If he knew they were cops, then why did he stop shooting seconds after opening fire and why didn't he just keep unloading on these guys?

The fact that he was shot three times might have had something to do with that.
 

Praxius

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Just a few things,

The warrant was declared invalid AFTER THE FACT. The cops don't have to take the warrant application to other judges to make sure the first judge was right when he issued it. At the time they used it, it was legal.

The Judge in this case deemed it illegal... it can't be legal and then all of a sudden illegal. Information in the warrent doesn't change over night. The original judge who issued the warrent was at fault and this is where this whole thing started.

One of his children called police, he didn't. He had no way of knowing that at the time, so it seems irrelevant to me.

I never said he called the police.. I said they called police.

Either way, I agree with you and don't think he wanted to shoot a bunch of cops. He did though and I do think he should have known better. I do believe in self defense, I don't believe you should have no responsibility when things go badly.

Agreed, when things go badly, people must suffer the consequences of their actions.... but the balance of blame in this unfortunatly lies at the police's feet. Sure it'd be nice that a suspected drug dealer should take the blame and fall in this situation and the cops shouldn't have to deal with anymore crap along with the loss of an officer and injury of another..... but the police created the situation, and as the laws work, you can't bend them to suit one side's needs, or it's not justice..... and justice has to follow the book, or eventually everything will go out of order more so then it currently is.

If cops are allowed to bend the rules or get away from their mistakes, then what's stopping them from abusing that even further? What about the judges that make mistakes such as issuing the warrent they used? Maybe it was on purpose?

If the police don't get punished for things they end up doing or they're not found responsible for their parts in a situation that went bad, then what's giving any reason to other people for following the rules and laws?
 

tracy

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Don't get punished? One of them is dead, another wounded. They will be reviewing and changing their procedures after hundreds of monday morning quarterbacks question their actions. I don't think they are escaping any blame. The shooter's responsibility is a separate matter.
 

Praxius

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Why call the police if you're about to willingly shoot police?

When you said that I assumed you were talking about the guy who shot at the police.

Well either way, if it was the child who called the police or one of the parents, apparently nobody in the house knew the police were entering their home, which would lead one to believe they never properly identified themselves when they entered in the first place.... which still places the blame on the police based on their actions.
 

DurkaDurka

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Praxius, the point of a "dynamic entry" or a "no-knock warrant" is, the cops don't have to identify them selves to the suspect.

No-knock search warrant

Definition
: a search warrant allowing law enforcement officers to enter premises without prior announcement in order to prevent destruction of evidence (as illegal drugs) or harm to the officers
 

lone wolf

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Another little point to to ponder: Innocent until proven guilty is a fundamental (if not always practised) of Common Law. Quebec's French roots are honoured in their practise of Civil Law.
 

Praxius

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Praxius, the point of a "dynamic entry" or a "no-knock warrant" is, the cops don't have to identify them selves to the suspect.

No-knock search warrant

Definition
: a search warrant allowing law enforcement officers to enter premises without prior announcement in order to prevent destruction of evidence (as illegal drugs) or harm to the officers

I'm sure that was actually needed (As the judge seemed to think so) considdering it was early in the morning, while they slept, with his family in the home.... that sort of warrent put the entire family in danger and as the Judge claimed, it was unecissary and illegal regardless.

And when you bust into someone's home as a police officer and not announce your the police, I have no sympathy for you if the people your raiding think your a home invader. There's no magical glowing shield protecting the police from someone's actions who is trying to protect their family, and there's no magical telepathy tactic one can use to transmit some meggase to the people inside that you're police and don't attack us.

By the way, was it specified that they used a "No-Knock Warrent" or was that an assumption?
 

DurkaDurka

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I'm sure that was actually needed (As the judge seemed to think so) considdering it was early in the morning, while they slept, with his family in the home.... that sort of warrent put the entire family in danger and as the Judge claimed, it was unecissary and illegal regardless.

And when you bust into someone's home as a police officer and not announce your the police, I have no sympathy for you if the people your raiding think your a home invader. There's no magical glowing shield protecting the police from someone's actions who is trying to protect their family, and there's no magical telepathy tactic one can use to transmit some meggase to the people inside that you're police and don't attack us.

By the way, was it specified that they used a "No-Knock Warrent" or was that an assumption?

Sometimes, a "No-Knock Warrant" is needed Praxius, I'm not saying it was needed in this situation, by it does serve a purpose.

Example, are you going to knock on the door of a suspected meth lab before entering? I doubt it.

"No-Knock Warrants" are referred to as "dynamic entries" in the globe article you linked earlier. They are the same thing as far as I understand.
 

Praxius

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Sometimes, a "No-Knock Warrant" is needed Praxius, I'm not saying it was needed in this situation, by it does serve a purpose.

Example, are you going to knock on the door of a suspected meth lab before entering? I doubt it.

"No-Knock Warrants" are referred to as "dynamic entries" in the globe article you linked earlier. They are the same thing as far as I understand.

Fair enough, however every situation where I seen SWAT or police breaching a home with a warrent without a "Knock" they still entered shouting "Police" so they know who's entering.... I have never seen a raid where police just busted down the door and ran in quiet with their guns..... which seems to have been the case in this situation.

And where children were involved, this sort of raid, at the time it was conducted, shouldn't have been done.... and the Judge also claimed that the raid on his home was not part of the overall operations they were supposed to be conducting..... so there's a pile of things the Police force screwed up on in this situation.
 

DurkaDurka

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Fair enough, however every situation where I seen SWAT or police breaching a home with a warrent without a "Knock" they still entered shouting "Police" so they know who's entering.... I have never seen a raid where police just busted down the door and ran in quiet with their guns..... which seems to have been the case in this situation.

And where children were involved, this sort of raid, at the time it was conducted, shouldn't have been done.... and the Judge also claimed that the raid on his home was not part of the overall operations they were supposed to be conducting..... so there's a pile of things the Police force screwed up on in this situation.

I agree the cops definitely screwed up, from the one's who approved the plan and downwards. I think the department will probably be reviewing their operations after this.

They should have done some more intel before proceeding with the "dynamic entry", with kids around you would expect the suspect to be all the more defensive, especially with the cops not announcing their presence.