PA Bill Number: HB1441
Title: Providing for tenants' rights in cases of violence.
Description: Providing for tenants' rights in cases of violence. ...
Last Action: Laid on the table (Pursuant to House Rule 71)
Last Action Date: Apr 16, 2024
Break-in Illustrates Why No-Knock Raids A Bad Idea :: 11/29/2021
The act of a “no-knock raid” is one that I personally don’t really subscribe to. Sure, I understand there are some (limited) circumstances when a no-knock raid could be warranted or useful. However, I’m seeing more and more the carnage left behind when the G-men come busting into someone’s home unannounced. A person’s home is their sanctum sanctorum and that’s not different for someone that allegedly committed a crime and is prime for arrest. A recent home invasion left the alleged criminal dead.
An Anderson woman shot and killed a man suspected of breaking into her home overnight.
911 dispatchers received a call from a female homeowner in the 1300 block of E. 8th Street around 12:47 a.m. The woman told police there was a break-in at the home, and she shot the suspected burglar.
By the time police arrived, they found the alleged suspect dead in an upstairs bedroom.
With home surveillance cameras rolling, prosecutors insist a man forced his way into the woman’s home.
“Neighbors had videos of him parking in front of the residence and looking through windows, ultimately breaking through the door and pulling a weapon out,” said Madison County Prosecutor Rodney Cummings.
Just past midnight a woman was forced to self-defend. Thankfully she was not harmed during the situation. The details of the encounter actually illustrate one of the many reasons I advocate against no-knock raids.
Prosecutor Cummings says the suspect could also be heard on video asking for money and pretending to be law enforcement.
“There was audio, and you could hear what he was saying inside. He said, ‘It’s the police.’ He was claiming to be police officer, but he had a mask on,” said Cummings.
Someone comes barging into your home, claims to be the police, and it turns out they’re not. In this situation the homeowner was forced to self-defend, guessing the person claiming to be a police officer was a criminal? At what point are we to believe we’re not being invaded or robbed when people are barging into our homes in the night saying they’re the police?
The fact of the matter is these no-knock raids have left a lot of high profile carnage in their wake. In states that rightfully allow self-defense and don’t impose a duty to retreat on residents, this can be a problem for the well prepared. The article further highlights this concept when discussing castle doctrine.
“Self protection is your right in your home,” said Alfarano.
“Inside a person’s house they can use deadly force, and that’s called the castle doctrine,” said attorney Mario Massillamany.
Attorney Massillamany, who isn’t involved with the case, also points out state lawmakers recently expanded the castle doctrine to provide even greater civil and criminal protections to homeowners.
“The castle doctrine in Indiana is a pretty strong law. You do not have a duty to retreat,” said Massillamany.
“In your home is probably the most protected place you can be,” said Cummings. “If you’re breaking into someone’s home in the middle of the night, if you don’t get shot or killed you should feel fortunate.”
I don’t think any law officer, peace officer, lawyer, judge, shoemaker, barber, or candlestickmaker can convince me that no-knock raids are justified in this light. Our homes are “the most protected place[s]” we can be and I’d like for some lawman to explain to me why we’re supposed to take someone’s word that they’re the police when being invaded. Or is it that the criminals should just know that they’re “bad guys” and that things like this just come with the territory? As if there has never been a case of mistaken identity on what homes get busted into by the police. On that note, I’ll just leave these here:
KARE 11 Investigates: Innocent MN family held at gunpoint in SWAT no-knock warrant raid
Texas Cops Realized They Raided the Wrong House. They Kept Searching Anyway.
Cop Who Wrongly Led No-Knock Raid Against 78-Year-Old Grandfather Can’t Be Sued, Court Rules
Nothing to see here. Nothing wrong. Sure, let’s keep qualified immunity.
