Posted by Jonathan Adler:
Invading Cops Can Make Mistakes, You Can't:
http://volokh.com/archives/archive_2006_11_19-2006_11_25.shtml#1164468223
[1]This observation by Radley Balko on no-knock raids ([2]via
Instapundit) is worth repeating.
If the police storm in and you -- not being a drug dealer and
consequently having no reason to think the police might break into
your home -- mistake them for criminal intruders and meet them with
a gun, you are at fault. I guess your crime is living in an area
where drug dealers could use your porch while you aren't home, or
being a too trusting, frail, old woman. Sorry about your luck.
On the other hand, if the police break into your home and they
mistake the blue cup, TV remote, the t-shirt you're holding to
cover your genitals because they broke in while you were sleeping
naked, or the glint off your wristwatch for a gun -- and
subsequently shoot you (all of these scenarios have actually
happened), well, then no one is to blame. Because, you see, SWAT
raids are inherently dangerous and volatile, and it's perfectly
understandable how police might mistake an innocent person holding
a t-shirt for a violent drug dealer with gun.
Do you see the double standard, here? If the warrant is legit, they
are allowed to make mistakes. You aren't.
This discrepancy grows all the more absurd when you consider that
they have extensive training, you don't. They have also spent hours
preparing for the raid. You were startled from your sleep, and have
just seconds to make a life-or-death decision. To top it all off,
many times they've just deployed a flashbang grenade that is
designed to confuse and disorient you.
What's the solution? It isn't to encourage people to start shooting
raiding cops to kill. That kind of talk is foolish, and needs to
stop. But it isn't to encourage to people to refrain from defending
their homes, either. Both of those suggestions will lead to more
people dying -- both police and citizens.
The solution is actually pretty simple: Stop invading people's
homes for nonviolent offenses.
References
1. http://www.theagitator.com/archives/027258.php#027258
2. http://instapundit.com/archives2/2006/11/post_575.php
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