(CCN) Is it ever legal to shoot cops? A growing number of states are passing laws that say that yes, in fact, sometimes it is well within a citizen’s rights to shoot a police officer.
Other states have already ruled in favor of citizens shooting police officers in self-defense, (even hip-hop legend Tupac walked after shooting two cops in self-defense) now, in the state of Indiana, if a police officer initiates aggression without cause in someone’s home, violence can be used against them in self-defense – including using lethal force.
The new law was drafted to “recognize the unique character of a citizen’s home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant.”
This should hardly be seen as profound. In the past, self-defense was viewed as a human right. The Bill of Rights does not grant rights to the citizenry of the United States, it recognizes natural rights. One of those rights — a veritable law of Nature — is the right to resist.
No matter what one does, or takes from you, nothing can stop the innate right to follow our natural impulses of resistance. That does not mean all will exercise that right. But the right itself is natural, primordial, inborn.
The new amendment in Indiana recognizes this. It makes it clear that badges do not grant special rights to break into someone’s house and commit acts of violent aggression. If they do, the resident has the right to resist those illegal actions and defend themselves.
The Free Thought Project notes that many police officers “have already begun to fear monger the passage of this bill,” saying “If I pull over a car and I walk up to it and the guy shoots me, he’s going to say, ‘Well, he was trying to illegally enter my property.’”
This fear mongering comes from Joseph Hubbard, 40, the president of Jeffersonville Fraternal Order of Police Lodge 100, who asserts “somebody is going get away with killing a cop because of this law.”
In spite of these statements, here’s what the law actually states:
(i) A person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to:
(1) protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;
(2) prevent or terminate the public servant’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle; or
(3) prevent or terminate the public servant’s unlawful trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect
What do you think about this law? Would you like to see more states adopt laws like this, or is this a recipe for disaster?
Of course this is a good law. It is also a natural right. What’s not to like about it?
Ir’s always been that way in places like Texas.
At least in law, not always in practice.
As Gregorio Cortez could testify.
There is the law, then there is reality.
Always keep that in mind.
This kind of law is absolutely necessary to bring to a stop the increasing militarization of the police and the growing tendency to use excessive force. A law-abiding citizen minding his business in his own home should have the right to defend himself and his family from armed yahoos, badges or not. Such laws will force the police to carefully plan out SWAT-type raids and maybe get the address right!
What do you think about this law? Would you like to see more states adopt laws like this, or is this a recipe for disaster?
I think cops should be held to the same standard as we are held.
If I’m armed and I kick my way into someone’s home with no warning and I get shot down by the homeowner, then I deserve it.
They had a warrant – I’m still in shock that it was actually filled out – but smashing their way into someone’s home unannounced? Yeah, sorry. They fucked up and one of their ninja-clad goons got dead. Don’t hold dude responsible for their fuckup.
Shiny badges do not grant extra rights. Any “public servant” has only the same powers as we do – at least according to the bedrock foundational concepts of “delegation of authority” and “governed by consent of the governed”. If I don’t have the right to grab a gun, get dressed like a ninja and smash my way into someone’s home unannounced, then neither do they.
This shit happens from time to time, but you always hear about it after the fact – if at all.
‘Blackout drunk’ cop shoots innocent man six times, gets paid leave for over a year
In News by Drew Salisbury / September 22, 2015
In April of 2014, a surveillance camera in Pelham, New York, caught off-duty NYPD officer Brendan Cronin exiting his parked car, walking up to a car stopped at a red light, and emptying his service weapon into the vehicle. The at least 14 shots he fired hit Joe Felice, an innocent civilian, six times, and nearly killed him. More than a year later, he still has one of the bullets lodged in his chest. He’s only alive because his friend, Robert Borrelli, who was in the car, but not hit, rushed him to the hospital.
“I remember yelling: ‘You have to save me! I have a 3-year-old!’” Felice told CBS2 New York. “And that was probably the worst part of the ordeal — knowing you’re dying is worse than death itself.”
Cronin’s excuse for the shooting? The six-year veteran of the force was blackout drunk from a night of heavy drinking with his supervisors after a day-long, mandatory weapons training. According to The Journal News, he had consumed 10 drinks, including beer and liquor, before getting in his car to drive back to his home in Westchester. He stopped along the way though, and parked his car near the stop light on Lincoln Avenue, where he would later shoot Felice.
On Tuesday, Cronin pleaded guilty to two felony counts of attempted murder, two felony counts of first degree assault, and one misdemeanor DWI count. Under his deal, he will spend nine years in prison, but Felice and his family had been doubtful that the cop would end up serving any of the possible maximum 25 years in jail he had faced, which is understandable, seeing as how his only punishment thus far has been 17-months of paid leave.
That is, after all, the frightening, frustrating reality when it comes to cops who break the law in this country. They don’t get held accountable. They get paid vacations.
Cronin currently is free on $150,000 bail. According to NYPD Lt. John Grimpel, he’s also still employed.
HOUSTON — Special Agent Marc Delpit with the Bureau of Alcohol Tobacco and Firearms faces an aggravated assault charge for allegedly beating a man and threatening a high school football crowd at gunpoint.
Houston Police spokesman Kese Smith said the incident took place around 8 p.m. Friday in the parking lot of St. Thomas High School during halftime of the varsity football game between St. Thomas and Angleton high schools.
Delpit is the father a St. Thomas varsity football player, and the alleged victim is a teammate’s father.
Smith said according to multiple witnesses, the two men began arguing when Delpit punched the victim to the ground, and then continued to assault him. When bystanders tried to intervene, witnesses said the ATF agent pulled out a pistol and waved it at the crowd.
“ATF takes these allegations very seriously,” said Senior Special Agent Nicole Strong with the Houston Field Office of the Bureau of Alcohol Firearms and Explosives.
“Pending the outcome of the investigation, the agent in question has been placed on administrative leave with pay and has been relieved of his firearms, badge and credentials,” Special Agent Strong said.
Strong added that agents from ATF’s internal affairs division in Washington D.C. are flying to Houston to begin an internal investigation of the matter.
According to Houston police, Delpit claimed he thought he was going to be attacked by the other father and was defending himself. Delpit also said he felt threatened by the parking lot crowd and brandished a weapon to keep people at bay, according to spokesman Smith.
Smith said it was unclear what the nature of the argument was about.
St. Thomas High School referred all questions to attorney J. Marshall Horton who provided the following statement:
“St. Thomas High School experienced an unfortunate incident on campus. The school leadership has followed all appropriate procedures in the handling of this incident, and will continue to cooperate with law enforcement.”
Horton would not address whether the school will prohibit the agent — now aggravated assault suspect — from attending future football games.
Delpit’s attorney Brian Benken said his client has an impeccable record over 22 years in law enforcement, and ultimately will prove he is innocent of the charge.
http://www.pressreader.com/usa/the-seattle-times-sunday/textview
Article from this weekends paper saying that there have been 213 fatal shootings by the Seattle Police ‘in the line of duty’ over the past 10 years. Only one officer has been criminally charged. The ‘I acted in self defense’ or ‘acted without malice or evil intent’ rational has given officers free reign to not be accountable.
There is much angst and consternation against prosecutors and grand juries who refuse to bring charges against police officers, even when incontrovertible evidence is presented. Even with incontrovertible audio and video evidence, prosecutors are loath to prosecute rogue law enforcement personnel.
Let’s examine the reasons why it is so difficult to prosecute thug cops:
Most prosecutors are former police officers or have extensive dealings with police departments and have ongoing relationships with police departments in their respective jurisdictions. They are friendly with the judges in their jurisdictions, as well. This, along with “absolute immunity” makes it easy for them to “cover up” police abuses and behavior. Prosecutors cannot be sued for malfeasance…it takes a judge (who prosecutors are friendly with) to bring charges on a rogue prosecutor (which almost never happens).
In addition, prosecutors guide the actions of grand juries. Prosecutors are not required to introduce any evidence to grand juries, (can and do) easily “whitewash” the actions of rogue cops. On the other hand, prosecutors can (and often do) go after honest citizens who seek justice outside official channels…prosecutors have ultimate power and are not afraid to use it…their immunity sees to that.
Another aspect to a grand jury’s inability to prosecute bad cops is the fear of retribution…cops drive around all day, have nothing but time, have access to various databases, and can easily get the names and addresses of grand jurors…this, in itself can be a powerful deterrent against grand jurors who “want to do the right thing” and prosecute bad cops. There are many cases of cops parking in front of grand jurors’ residences, following them around, and threaten to issue citations to them, in order to “convince” them to “make the right decision”…the “thin blue line” at its worst…
The whole system has to change.
Eliminate absolute and qualified immunity for all public officials. The fear of personal lawsuits would be a powerful deterrent against abuses of the public.
Any funds disbursed to civilians as a result of official misconduct must be taken from the police pension funds–NOT from the taxpayers.
Grand juries must be superior to the prosecutor; ALL evidence must be presented to grand jurors. Failure to do so must be considered a felony and subject prosecutors to prosecution themselves.
No police agency can be allowed to investigate itself. Internal affairs departments must be restricted to minor in-house investigations of behavior between cops. All investigations must be handled by outside agencies, preferably at the state level.
Civilian police review boards must be free of police influence. Members of civilian review boards must have NO ties to police departments. Relatives of police would be prohibited from serving…Recently, the “supreme court” threw police another “bone”. The court ruled that police are not responsible for their actions if they are “ignorant of the law”…now, let’s get this straight–honest citizens cannot use “ignorance of the law” as an excuse, but cops can??
Revolution is sorely needed…..
How about politicians and judges?
If you count on this kind of law to protect you,you are a fool.