Florida mayor opens fire on SWAT team serving warrant at his home

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  • MarkC

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    Mar 6, 2016
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    Mooresville
    A. you are assuming that powdered metal rounds were used, and B. whether buckshot is coming through the door or pieces of a lock is 99% irrelevant to the legal statute as far as when you get to shoot cops.

    When someone starts shooting at you, are you supposed to make sure they’re not blanks before returning fire?

    I have to agree with Fargo here. The people inside the house have no way of determining what kind of rounds are being fired at their door.

    This kind of action led to the Barnes decision a few years ago, which led to the General Assembly's "yes, you can shoot a public servant (in some situations)" use of force statute. I have been concerned since then that some "less sophisticated" individuals will use force against the police when they are NOT legally justified, relying on their Donnie Baker understanding of the law.
     

    Mongo59

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    Jul 30, 2018
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    Purgatory
    Going back to my original post, predawn swat raids just ooze with respect for both the individual and their property. The dept decided when to raid, where to raid and why to raid.

    Were lives at stake? From the police's own report none were until they arrived and caused the confrontation.

    Now, look at it from the mayor's point of view: 1) Did they have the ability to harm/kill him? 2) Did they have the opportunity to harm/kill him? and 3) Would a reasonable person feel he is in jeopardy?
    The answer to all three is yes. This meet the criteria for use of deadly force. He hadn't been served or charged when they entered. He wasn't a fleeing felon or a hostage taker, just a citizen up to that point.

    As I said, sounds like swatting a fly with a Buick. To cause the incident and act like you didn't expect the outcome, that would be on the aggressor, not the guy asleep in his own bed who reacted like any reasonable person.

    But, once again, I am an idiot and what do I know...
     
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