Police, The Fourth Amendment, Qualified Immunity

Another case that shows why dynamic entry raids need to be made with body cams

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Case:  Hicks v. Oglesby, Dist. Court, SD West Virginia 2016

What happened:  Police busted into a mobile home and immediately shot the occupant dead because he was holding a gun.

Criticism:  It is not fair to the dead man to decide this case without seeing what the police announcement really looked and sounded like.  Absent video evidence, there should at least be a trial so that the police officers can be cross-examined about the specifics of the alleged announcement.

Another criticism:  I think that courts should start requiring siren blasts and flashing lights during these sorts of raids.  Even if there was an announcement, and even if the victim heard the announcement, how was he to know that it really was the police and not bad people pretending to be policemen.  Colored flashing lights and a siren blast or two could really help people decide to drop their defensive weapon* during a dynamic entry raid.

* Of course this assumes that the slain person really was holding a gun, which allegation was established only by interested testimony in the case which is the subject of this post.

Written by Burgers Allday

January 5, 2017 at 4:35 am

Posted in Uncategorized

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