The dangers of defending your home.

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F4GIB

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From Radley Balko's blog.

Virginia Cop Killed in Drug Raid; Suspect Says He Was Defending His Home

Officer Jarrod Shivers was shot and killed while executing a search warrant in Cheseapeake, Virginia Thursday night.

The suspect had no criminal record (at least in the state of Virginia). And he says in an interview from jail he had no idea the undercover cops breaking into his home were police. The suspect, 28-year-old Ryan David Frederick, also says a burglar had broken into his home earlier this week.

Thought the raid was apparently part of a drug investigation, police aren’t saying what if any drugs were found. They won’t even confirm that police had the correct address. But they have arrested Frederick and charged him with first-degree murder.
http://www.theagitator.com/2008/01/...-raid-suspect-says-he-was-defending-his-home/

Using plain clothes undercover officers to conduct raids is a dangerous practice for everyone. See State v. Housley, 322 N.W.2d 746 (Supreme Court reverses conviction on basis of self-defense).
 
Using plain clothed officers to serve a warrant makes no sense to me. Even with a warrant the officers must announce their presence. Whats with the "sneak up and make sure no one knows we're coming" routine?

I'll be interested in watching for more details in this story, particularly what the PC was for the warrant and if they had the right address, and how many officers were there. Its also interesting that the suspect wasn't shot.
 
Does anyone have any other articles on this? Not many details in that one.


Sad situation all around. Very sad that he is automatically thown in jail for murder. I pray that he gets a good jury and doesn't get railroaded.
 
Oh, well, if we just give Hitler what he wants, he'll leave us alone.

Oh, well, if we allow no-knock warrants, it won't hurt anyone.


Stupid people never cease to amaze me.
 
Why is this post titled "The Dangers of Defending Your Home"? I think it should be titled "The Dangers of Being a Cop".

As a homeowner, I would have done the same thing. Someone breaks down my door, they take their life in their hands. Let the courts sort it out. And if this homeowner is the victim of a legal error (wrong address on the warrant or whatever) then the police officer died for nothing, and he shouldn't spend a day in jail.
 
Frankly I feel if they didn't continuously yell "Police search warrant" during the raid, they have no case.
 
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Frankly I feel if they didn't continuously yell "Police search warrant" during the raid, they have no case.

I'm not so sure they'd have a case even then. Anyone can yell "police search warrent!"

Its one of the reasons I hate the idea of no-knocks. No opportunity for the person inside the home to tell if they're legitimate police or if they're some thugs who are trying to scare the homeowners into thinking they are so that they don't get shot at. Combine that with mistaken addresses, or bad information from an "informant" that sends police to the wrong house, and you get some pretty big tragedies - either police, or homeowners, getting shot at or killed - simply because the police want to preserve evidence. Not worth it.
 
I'll be interested in watching for more details in this story, particularly what the PC was for the warrant and if they had the right address, and how many officers were there. Its also interesting that the suspect wasn't shot.
How about waiting for more info on the shooter, like whether or not he was a drug dealer, whether or not he was the guy for whom they were looking, whether or not he is lying, whether or not something other than just wondering if the cops screwed up. I prefer to wait for much more info on both sides of the case.

All the best,
GB
 
How about not waiting for more info on the homeowner....I got all the data I needed from the statement that the invading persons were not wearing a uniform. Any moron can kick in a door and shout "police, search warrant", and some have tried that ruse.

I don't carry if this guy had a veritable cornucopia of illegal drugs. That does not justify charging him with murder when the facts point to legitimate self defense. As far as I know even drug pushers, as evil as they may be, have the right to self defense when faced with violence.

I am absolutely against no knock warrants for this same reason. It does not allow anyone time to evaluate a threat. Honest citizens never expect to have LEO kick in their door without warning. I would be willing to bet that the average small time drug dealer does not spend too much time worrying or planning on the same thing either.

No...the fact that this guy has been charged based on the available evidence is BS in the first degree. Unless the DA can prove he knew for sure before he fired at the invaders who they were he has no case and really no business in charging murder.

Lock him up for drugs if he really did have them. Otherwise cut him loose unless cold hard proof of his guilt can be shown. Subjective opinion that he "might" or "should" have known doesn't cut it.
 
No Knock Raids

Sounds like another officer down do to a no knock raid. Not to mention no uniform. I am beginning to list things like this under CSS.
 
The suspect had no criminal record (at least in the state of Virginia).
Oh, so convictions in other states are somehow unimportant? BTW, where in the 4th Amendment does it say that warrants can only be served on those who already have a criminal record?

:rolleyes:

Also, since Balko has a history of making crap up to support his agenda (reference his nonsense about people being found not guilty but sentenced anyway), I have a hard time believing any of his other rants.
 
BTW, why are people claiming this was a so called "no knock" warrant? This could be (and likely was) a knock and announce warrant where the occupant refused entry.

As has been explained MANY times before if the cops knock and announce, and no one opens the door they aren't simply going to leave. They are going to serve the warrant, and if they knock, announce, and wait a reasonable length of time, they are going to force entry. The reality is the vast majority of warrants where cops force entry are NOT so called "no knock" warrants, but rather knock and announce warrants where the occupants refuse to let the cops into the place to be searched.
 
http://www.policeone.com/news_internal.asp?view=1651810

Incident Details: Detective Jarrod Shivers was shot and killed while attempting to serve a narcotics search warrant at a home on Redstart Road at approximately 9:30 pm. When the suspect opened the home's door he immediately fired one shot, fatally wounding Detective Shivers.

The man then barricaded himself in the home for a short time before being taken into custody.

Detective Shivers had served with the Chesapeake (VA) Police Department for 8 years and was assigned to the Special Investigations Section. He is survived by his wife, son, and two daughters.

The Virginian Pilot

CHESAPEAKE, VA – A Chesapeake police officer was fatally shot Thursday night as police attempted to serve a narcotics warrant at a home in the 900 block of Redstart Ave., authorities said.

Police sources said two people were in custody late Thursday. It was unclear when they were arrested.

Police spokesman Officer Charles Thiebaud said the officers went to the residence about 8:30 p.m. The shot officer was taken by ambulance with a police escort to Sentara Norfolk General Hospital, soon followed by other officers and department officials.

Later, two Police Department sources, speaking on condition of anonymity, confirmed the officer had died. The officer’s identity was not released.

After the shooting, scores of officers and heavily armed SWAT team members descended on the scene.

Officers went door to door, evacuating the residents of several nearby houses and telling other neighborhood residents to stay indoors.

Several blocks around the shooting scene in each direction were closed off with yellow police tape.

Police would not say if they knew whether anybody was still in the house where the warrant was being served or, if so, how many people were there.

Just before 10:30 p.m., police began calling for the surrender of anyone inside the house. An officer on a loudspeaker called out the house number, saying “You need to put your hands up and come out. You need to do it now.”

After 11 p.m., police escorted some residents back to their homes but a wide area continued to be closed to the public.
 
http://www.odmp.org/officer/19139-detective-jarrod-shivers

Incident Details
Cause of Death: Gunfire
Date of Incident: Thursday, January 17, 2008
Weapon Used: Gun; Unknown type
Suspect Info: Charged with murder

Detective Jarrod Shivers was shot and killed while attempting to serve a narcotics search warrant at a home on Redstart Avenue at approximately 8:35 pm.

Detective Shivers was attempted to force entry into the home when the suspect inside fired one shot through the front door. The round struck Detective Shivers, fatally wounding him. The man then barricaded himself inside the home before being taken into custody and charged with murder.

Detective Shivers was a US Navy veteran. He had served with the Chesapeake Police Department for 8 years and was assigned to the Special Investigations Section. He is survived by his wife, son, and two daughters.

Agency Contact Information
Chesapeake Police Department
304 Albemarle Drive
Chesapeake, VA 23322

Phone: (757) 382-6161
 
I've worked with guys who asserted that when serving "Knock and Announce" warrants the "Knock" is the door-thumper breeching the door, and the "Announce" is them shouting "police search warrant" as they enter.

Not entirely safer than a no-knock procedure when done this way. You still get a startled resident who may react and escalate the situation.

With all that said, I'm fair sure that if drugs had been found at the scene of this incident it would have been publicized (loudly) by the department spokesperson. Likely that either no drugs were found, or the wrong address was hit.
 
. . . serving "Knock and Announce" warrants the "Knock" is the door-thumper breeching the door, and the "Announce" is them shouting "police search warrant" as they enter.
Sorry, but that is the exact definition of an immediate entry warrant, aka "No Knock" warrant. A Knock and Announce would be knocking and loudly announcing the presence of police with a warrant, then waiting a reasonable length of time before forcing entry. Any cop knows that, and would NOT be trying to claim that breeching while announcing is a "Knock and Announce."
 
Ahhhh. Two different stories. The guy in jail says he had no idea it was the police breaking into his house. The police say he answered the door and fired a weapon at the officer as soon as he opened the door. OK. We have two different stories. Now to find ( and prevent the loss of ) evidence that will support one version or the other. If the door has any physical evidence of damage I would lean towards believing the citizen. If we have independent witness that verify the police story than that would work. I will not however take the words of the officers as gospel. Too many videos circulating around the internet have shown that officers do exist that are willing to lie.
 
Sorry f4GIB

I hate to be the bearer of bad news but Mayberry's sheriff has retired, Sgt.
Friday died of lung cancer and the replacements we got just don't measure up in the user (citizen) friendly department. ;)
 
thexrayboy posted:

Quote:
Too many videos circulating around the internet have shown that officers do exist that are willing to lie.


No!


cops are people too, they do lie, just like normal people...
 
But "normal people" don't have cart blanche to do so. When a cop lies the DA says "He wasn't prosecuted for perjury because we weren't assured of a conviction, what him being a cup and all." The DA is the cops' lawyer. Expecting a govt shyster to prosecute their clients is absurd.
 
Of course cops are people, and of course since they are people they all lie at least on occasion, and many on a routine basis. This is not the issue. The issue is the fact that an LEO has their word taken for fact. Unless undeniable evidence exists to contradict the testimony of an officer that testimony is taken as truth. That kind of power inevitably leads to instances of corruption, episodes where lies are told to achieve a goal. And thanks to the wonders of modern miniature electronics we are seeing more and more episodes being documented for posterity where LEO act like they are totally unaccountable, they lie, fabricate evidence they need, destroy evidence they don't like and threaten innocents with trumped up charges to prove they are in charge.

The number of these incidents seems to be growing as time passes, in reality the numbers really have not increased, this kind of behavior has been prevalent for decades. What has changed is the increased ability of people to secretly document this wrongdoing.

Whether the goal of the lie is noble (sic) as in to convict a known criminal who needs to be put away even without adequate evidence, or the lie is self serving, lying to cover up a mistake or error, the problem is still the lie.

If you feel that cops deserve special dispensation in regards to being allowed to lie just ask Martha Stewart how she feels about the issue.
 
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