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	<title>Comments on: Friday Morning Rant: Police As Home Invaders</title>
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	<description>FrontBurner® has been called the best blog in Dallas (repeatedly), a snarky celebration of ignorance, and a daily conversation about Dallas among the editors of D Magazine.</description>
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		<title>By: jeremy</title>
		<link>http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/comment-page-2/#comment-53370</link>
		<dc:creator>jeremy</dc:creator>
		<pubDate>Tue, 25 Nov 2008 05:07:24 +0000</pubDate>
		<guid isPermaLink="false">http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/#comment-53370</guid>
		<description>first of all if you have a home surrounded why not let your self known where can the suspects go and who can tell the diff between flash bangs and gunfire during something like that if you ask me the cops are wrong Guns are for protection of your home where she was at this was not on the streets she did what anybody else what have did SWAT is suppose to apprehend all suspects with lil or no gunfire they are suppose to be professionals what they did makes them just like the criminals they go pick up during these raids like i said b4 if the home is securely surrounded why not knock where can they go to the bat cave</description>
		<content:encoded><![CDATA[<p>first of all if you have a home surrounded why not let your self known where can the suspects go and who can tell the diff between flash bangs and gunfire during something like that if you ask me the cops are wrong Guns are for protection of your home where she was at this was not on the streets she did what anybody else what have did SWAT is suppose to apprehend all suspects with lil or no gunfire they are suppose to be professionals what they did makes them just like the criminals they go pick up during these raids like i said b4 if the home is securely surrounded why not knock where can they go to the bat cave</p>
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		<title>By: Truth Be Known</title>
		<link>http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/comment-page-2/#comment-3141</link>
		<dc:creator>Truth Be Known</dc:creator>
		<pubDate>Tue, 04 Dec 2007 13:22:07 +0000</pubDate>
		<guid isPermaLink="false">http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/#comment-3141</guid>
		<description>She is not alone in what has happened to her.  Many recipients of SWAT attacks have thought to defend themselves from intruders, only to be brought up on charges like hers.  I wish I could help her.  Look at the Urquiza case in McKinney.  Only he was horribly wounded.</description>
		<content:encoded><![CDATA[<p>She is not alone in what has happened to her.  Many recipients of SWAT attacks have thought to defend themselves from intruders, only to be brought up on charges like hers.  I wish I could help her.  Look at the Urquiza case in McKinney.  Only he was horribly wounded.</p>
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		<title>By: aaweaversgirl</title>
		<link>http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/comment-page-2/#comment-2075</link>
		<dc:creator>aaweaversgirl</dc:creator>
		<pubDate>Thu, 15 Nov 2007 11:48:56 +0000</pubDate>
		<guid isPermaLink="false">http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/#comment-2075</guid>
		<description>I know this girl personally and have to believe that she must have been scared to death. Something to ponder also is... alot of people don&#039;t wake instantly alert, especially when being awakened abrubtly. With that in mind, I can understand her mind set. Protect first, ask questions later. Neither of them are violent people, nor do they have a violent history. So, that being said, until you walk in her shoes, you can only speculate what you would truly do in the same situation. Regardless, she is only 19 and a new mother with her whole life ahead of her.</description>
		<content:encoded><![CDATA[<p>I know this girl personally and have to believe that she must have been scared to death. Something to ponder also is&#8230; alot of people don&#8217;t wake instantly alert, especially when being awakened abrubtly. With that in mind, I can understand her mind set. Protect first, ask questions later. Neither of them are violent people, nor do they have a violent history. So, that being said, until you walk in her shoes, you can only speculate what you would truly do in the same situation. Regardless, she is only 19 and a new mother with her whole life ahead of her.</p>
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		<title>By: NICK</title>
		<link>http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/comment-page-2/#comment-953</link>
		<dc:creator>NICK</dc:creator>
		<pubDate>Tue, 23 Oct 2007 20:56:28 +0000</pubDate>
		<guid isPermaLink="false">http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/#comment-953</guid>
		<description>JS @ October 19th, 2007 at 9:26 am wrote:

&quot;Gimme a break. Why did that house have a home security system with cameras and video monitors? Why did they have a loaded gun right next to the bed?&quot;

---------------------------------------
JS with respect that is one o f the dumbest pieces of &quot;non-logic&quot; I have ever read. 

First of all neither is illegal. 

Second of all doing so is a Constitutional right. 

Third, I keep (and know many LEO&#039;s who do the same) a loaded ready to go firearm at my headboard and always have.

Fourth, my home came equipped with an external home security system.

Fifth, and best of all (just wait) When I had every single one of the standard smoke detectors in my house (every room, every hallway, every stairwell) upgraded to ones containing mini surveillance devices. 

Sixth, both external and internal security systems are hardwired and wirelessly connected to my DVR server - backed up on site and off site containing days of video. 

(You&#039;d be amazed what they contain and how useful those images are going to shortly going to be! In fact they are worth many millions!)

In any case, your statement that people who have security systems and avail themselves the protections of the 2nd amendment are ludicrous.

It sounds to me as if you are simply jealous that you can&#039;t afford to have had such a system installed in your house or apartment.</description>
		<content:encoded><![CDATA[<p>JS @ October 19th, 2007 at 9:26 am wrote:</p>
<p>&#8220;Gimme a break. Why did that house have a home security system with cameras and video monitors? Why did they have a loaded gun right next to the bed?&#8221;</p>
<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;<br />
JS with respect that is one o f the dumbest pieces of &#8220;non-logic&#8221; I have ever read. </p>
<p>First of all neither is illegal. </p>
<p>Second of all doing so is a Constitutional right. </p>
<p>Third, I keep (and know many LEO&#8217;s who do the same) a loaded ready to go firearm at my headboard and always have.</p>
<p>Fourth, my home came equipped with an external home security system.</p>
<p>Fifth, and best of all (just wait) When I had every single one of the standard smoke detectors in my house (every room, every hallway, every stairwell) upgraded to ones containing mini surveillance devices. </p>
<p>Sixth, both external and internal security systems are hardwired and wirelessly connected to my DVR server &#8211; backed up on site and off site containing days of video. </p>
<p>(You&#8217;d be amazed what they contain and how useful those images are going to shortly going to be! In fact they are worth many millions!)</p>
<p>In any case, your statement that people who have security systems and avail themselves the protections of the 2nd amendment are ludicrous.</p>
<p>It sounds to me as if you are simply jealous that you can&#8217;t afford to have had such a system installed in your house or apartment.</p>
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		<title>By: Truth Be Known</title>
		<link>http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/comment-page-2/#comment-952</link>
		<dc:creator>Truth Be Known</dc:creator>
		<pubDate>Tue, 23 Oct 2007 20:01:42 +0000</pubDate>
		<guid isPermaLink="false">http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/#comment-952</guid>
		<description>My heart truly goes out to this girl.  I know what she is going through.  I will follow her case closely.</description>
		<content:encoded><![CDATA[<p>My heart truly goes out to this girl.  I know what she is going through.  I will follow her case closely.</p>
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		<title>By: Nick</title>
		<link>http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/comment-page-2/#comment-940</link>
		<dc:creator>Nick</dc:creator>
		<pubDate>Tue, 23 Oct 2007 15:09:26 +0000</pubDate>
		<guid isPermaLink="false">http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/#comment-940</guid>
		<description>Dan Hamilton: 

First, I agree with your point of view showing disdain for SWAT attacks. 
But could you please cite an actual legal reference for your statement:

&quot;HE BROKE TEXAS LAW BY USING EXCESSIVE FORCE!! Unless the person in the home is a Violent Felon with a RECORD of violence Dynamic Entry is against Texas Law.&quot; 

I can find no such record or case law - ANYWWHERE. 

For the record, I am hoping you CAN provide it. But I&#039;m more than certain that your statement is simply wishful thinking and, unfortunately, just plain wrong. 

I am not trying to pick a fight. I just have a very strong belief for backing up statements with facts and a strong aversion for opinion stated as fact. Like I said, I hope you can prove your statement - it would make my day!</description>
		<content:encoded><![CDATA[<p>Dan Hamilton: </p>
<p>First, I agree with your point of view showing disdain for SWAT attacks.<br />
But could you please cite an actual legal reference for your statement:</p>
<p>&#8220;HE BROKE TEXAS LAW BY USING EXCESSIVE FORCE!! Unless the person in the home is a Violent Felon with a RECORD of violence Dynamic Entry is against Texas Law.&#8221; </p>
<p>I can find no such record or case law &#8211; ANYWWHERE. </p>
<p>For the record, I am hoping you CAN provide it. But I&#8217;m more than certain that your statement is simply wishful thinking and, unfortunately, just plain wrong. </p>
<p>I am not trying to pick a fight. I just have a very strong belief for backing up statements with facts and a strong aversion for opinion stated as fact. Like I said, I hope you can prove your statement &#8211; it would make my day!</p>
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		<title>By: Nick</title>
		<link>http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/comment-page-2/#comment-939</link>
		<dc:creator>Nick</dc:creator>
		<pubDate>Tue, 23 Oct 2007 14:56:23 +0000</pubDate>
		<guid isPermaLink="false">http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/#comment-939</guid>
		<description>A cite on so called &quot;black letter laws&quot;: http://www.answers.com/topic/black-letter-law

Unfortunately the presumption that an explosive dynamic entry &quot;is by definition excessive force&quot; is not supported by the concept of &quot;black letter laws&quot; - although I wish that were true.

Over the past 20 years the Posse Comitatus Act has been , in essence eliminated, Habeas Corpus obviated by simply (and without any substantiation) calling a person a terrorist.  The Supreme Court citing Judge Scalia&#039;s phrasing of the &quot;new professionalism&quot; of the police forces has removed virtually all restrictions on SWAT Raids – even allowing the infamous “no-knock and no announce raids” which DIRECTLY contradict the States Castle Laws. And no matter what the attackers do, if they are criminals and you don’t defend yourself – you are dead or worse – if they are cops you are dead or charged with first degree felony assault – even if they are attacking the WRONG HOME. Because MAGICALLY, in split seconds, you the terrified homeowner are supposed to figure all this out and make the “right decision” in about 3 seconds. Oh – and all the private property destroyed – to include you house burned to the ground? Tough. Insurance companies do not cover acts of the government. SO your only option is to sue and you better have between $250,000 to $500,000 laying around to take your case to Federal Court. Taking the case to the same county as the city and police department is from – shall we say – is a wasted effort.

For just one example, you would think a judge signing a warrant would have to review and approve the execution of a pre-planned (i.e. no exigent circumstances at the scene)&quot;no-knock, no knock&quot; violent explosive dynamic entry wouldn&#039;t you? WRONG!

In McKinney, Judge Curt Henderson received a subpoena to testify about the McKinney Police departments claim that they don’t even have to inform the judge about SWAT raid plans – (no matter how ridiculous and unwarranted.) Believe it or not, Judge Curt Henderson testified that it absolutely correct. His “policy” which he has made known to the MPD is they have his approval carte blanche – don’t even bother to tell him about it. 
So, the police write the warrant, they decide AHEAD OF TIME to go in to f*ck somebody up and the judge’s policy is a “rubber stamped don’t ask – don’t tell”. Wanna bet who the MPD takes all their SWAT attack warrants to for “approval”?

The saddest thing for our Constitution and Bill of Rights is to see SWAT shows like Dallas SWAT which glamorize what used to be violations of our most basic rights. Does anyone remember “innocent until proven guilty in a court of law?” Unfortunately, people have become so uneducated these days about what our country is supposed to be about (the rule of law for one thing) that they don’t even see or understand the irony.</description>
		<content:encoded><![CDATA[<p>A cite on so called &#8220;black letter laws&#8221;: <a href="http://www.answers.com/topic/black-letter-law" rel="nofollow">http://www.answers.com/topic/black-letter-law</a></p>
<p>Unfortunately the presumption that an explosive dynamic entry &#8220;is by definition excessive force&#8221; is not supported by the concept of &#8220;black letter laws&#8221; &#8211; although I wish that were true.</p>
<p>Over the past 20 years the Posse Comitatus Act has been , in essence eliminated, Habeas Corpus obviated by simply (and without any substantiation) calling a person a terrorist.  The Supreme Court citing Judge Scalia&#8217;s phrasing of the &#8220;new professionalism&#8221; of the police forces has removed virtually all restrictions on SWAT Raids – even allowing the infamous “no-knock and no announce raids” which DIRECTLY contradict the States Castle Laws. And no matter what the attackers do, if they are criminals and you don’t defend yourself – you are dead or worse – if they are cops you are dead or charged with first degree felony assault – even if they are attacking the WRONG HOME. Because MAGICALLY, in split seconds, you the terrified homeowner are supposed to figure all this out and make the “right decision” in about 3 seconds. Oh – and all the private property destroyed – to include you house burned to the ground? Tough. Insurance companies do not cover acts of the government. SO your only option is to sue and you better have between $250,000 to $500,000 laying around to take your case to Federal Court. Taking the case to the same county as the city and police department is from – shall we say – is a wasted effort.</p>
<p>For just one example, you would think a judge signing a warrant would have to review and approve the execution of a pre-planned (i.e. no exigent circumstances at the scene)&#8221;no-knock, no knock&#8221; violent explosive dynamic entry wouldn&#8217;t you? WRONG!</p>
<p>In McKinney, Judge Curt Henderson received a subpoena to testify about the McKinney Police departments claim that they don’t even have to inform the judge about SWAT raid plans – (no matter how ridiculous and unwarranted.) Believe it or not, Judge Curt Henderson testified that it absolutely correct. His “policy” which he has made known to the MPD is they have his approval carte blanche – don’t even bother to tell him about it.<br />
So, the police write the warrant, they decide AHEAD OF TIME to go in to f*ck somebody up and the judge’s policy is a “rubber stamped don’t ask – don’t tell”. Wanna bet who the MPD takes all their SWAT attack warrants to for “approval”?</p>
<p>The saddest thing for our Constitution and Bill of Rights is to see SWAT shows like Dallas SWAT which glamorize what used to be violations of our most basic rights. Does anyone remember “innocent until proven guilty in a court of law?” Unfortunately, people have become so uneducated these days about what our country is supposed to be about (the rule of law for one thing) that they don’t even see or understand the irony.</p>
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		<title>By: Truth Be Known</title>
		<link>http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/comment-page-2/#comment-932</link>
		<dc:creator>Truth Be Known</dc:creator>
		<pubDate>Tue, 23 Oct 2007 04:05:07 +0000</pubDate>
		<guid isPermaLink="false">http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/#comment-932</guid>
		<description>&quot;Unless the person in the home is a Violent Felon with a RECORD of violence Dynamic Entry is against Texas Law.&quot;
&quot;That is one thing that is great about living in Texas. If the police use excessive force you have the right to resist that force upto and including deadly force.

Since Dynamic Entry is by definition excessive force. Unless you are a Violent felon shooting the police is quite legal during a Dynamic Entry. The SWAT normally kills anyone with a gun so you have to shoot first and a lot. If you survive you should be no billed by the Grand Jury because of Black Letter Texas Law.&quot;

WOW!  I haven&#039;t even read to the bottom of these post, but I had to stop and question this.  What, exactly, is Black Letter Texas Law?  Where can I find it?  There is a man in McKinney that was shot 7 times by SWAT, who was &quot;serving a warrant&quot; to him on bogus charges.  He was tried for Aggravated Assualt on a Public Servent, and received a 5 year sentence.  He is an innocent man.  His attorney has filed a motion for a re-trail and the hearing for this is coming up in a few weeks.  I would like this information if it will help him.  Please tell me what you can.</description>
		<content:encoded><![CDATA[<p>&#8220;Unless the person in the home is a Violent Felon with a RECORD of violence Dynamic Entry is against Texas Law.&#8221;<br />
&#8220;That is one thing that is great about living in Texas. If the police use excessive force you have the right to resist that force upto and including deadly force.</p>
<p>Since Dynamic Entry is by definition excessive force. Unless you are a Violent felon shooting the police is quite legal during a Dynamic Entry. The SWAT normally kills anyone with a gun so you have to shoot first and a lot. If you survive you should be no billed by the Grand Jury because of Black Letter Texas Law.&#8221;</p>
<p>WOW!  I haven&#8217;t even read to the bottom of these post, but I had to stop and question this.  What, exactly, is Black Letter Texas Law?  Where can I find it?  There is a man in McKinney that was shot 7 times by SWAT, who was &#8220;serving a warrant&#8221; to him on bogus charges.  He was tried for Aggravated Assualt on a Public Servent, and received a 5 year sentence.  He is an innocent man.  His attorney has filed a motion for a re-trail and the hearing for this is coming up in a few weeks.  I would like this information if it will help him.  Please tell me what you can.</p>
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		<title>By: John M</title>
		<link>http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/comment-page-2/#comment-928</link>
		<dc:creator>John M</dc:creator>
		<pubDate>Tue, 23 Oct 2007 01:33:06 +0000</pubDate>
		<guid isPermaLink="false">http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/#comment-928</guid>
		<description>

Well said, Nick. 

When the raid starts, the citizen has a split second to decide whether the invaders are criminals he can defend himself from, or cops who he&#039;s not allowed to so much as talk back to. Making the wrong choice means your life is over...in the first case literally, in the second case figuratively. 

For cops, a wrong decision (wrong house) means...nothing. They just laugh at the victims (that&#039;s what they are) and walk out through the wreckage and screaming children to the next free-fire zone. Too bad, so sad, no recompense, no investigation, no nothing.

So no sympathy from us when grandma gets off a shot that takes down someone trashing her rights.

Getting tough to see just exactly who the bad guys are these days......</description>
		<content:encoded><![CDATA[<p>Well said, Nick. </p>
<p>When the raid starts, the citizen has a split second to decide whether the invaders are criminals he can defend himself from, or cops who he&#8217;s not allowed to so much as talk back to. Making the wrong choice means your life is over&#8230;in the first case literally, in the second case figuratively. </p>
<p>For cops, a wrong decision (wrong house) means&#8230;nothing. They just laugh at the victims (that&#8217;s what they are) and walk out through the wreckage and screaming children to the next free-fire zone. Too bad, so sad, no recompense, no investigation, no nothing.</p>
<p>So no sympathy from us when grandma gets off a shot that takes down someone trashing her rights.</p>
<p>Getting tough to see just exactly who the bad guys are these days&#8230;&#8230;</p>
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		<title>By: Nick</title>
		<link>http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/comment-page-2/#comment-927</link>
		<dc:creator>Nick</dc:creator>
		<pubDate>Mon, 22 Oct 2007 23:31:41 +0000</pubDate>
		<guid isPermaLink="false">http://frontburner.dmagazine.com/2007/10/19/friday-morning-rant-police-as-home-invaders/#comment-927</guid>
		<description>It also strikes me that SWAT raids involve a mentality where the police have already decided that the attacked person(s) and destroyed private property are already guilty and devoid of any constitutional rights. 

Cops are not supposed to decide guilt. A warrant DOES NOT mean a person is guilty. It means there is an allegation, which on its face seems reasonable enough to have the person(s) searched and/or brought before a magistrate.

The dichotomy between our States Castle Laws and the use of SWAT teams (almost ALL are to serve warrants - not hostage or terrorist situations) is dangerously striking. We now have criminals (as in Carrolton a few weeks ago) dressing up as SWAT guys (you can legally buy all the trappings on the internet) making &quot;dynamic entries&quot; Yelling &quot; Police&quot; and then beating, robbing and sexually assaulting people. 

And BTW - if you defend yourself from such a home invasion (as would any sane person) and it turns out to be the police (even if they are attacking the wrong address) YOU will be charged with first degree felony assault - worth up to 99 years in jail. 

Orwell&#039;s &quot;1984&quot; came a while ago folks - you are just starting to realize it.</description>
		<content:encoded><![CDATA[<p>It also strikes me that SWAT raids involve a mentality where the police have already decided that the attacked person(s) and destroyed private property are already guilty and devoid of any constitutional rights. </p>
<p>Cops are not supposed to decide guilt. A warrant DOES NOT mean a person is guilty. It means there is an allegation, which on its face seems reasonable enough to have the person(s) searched and/or brought before a magistrate.</p>
<p>The dichotomy between our States Castle Laws and the use of SWAT teams (almost ALL are to serve warrants &#8211; not hostage or terrorist situations) is dangerously striking. We now have criminals (as in Carrolton a few weeks ago) dressing up as SWAT guys (you can legally buy all the trappings on the internet) making &#8220;dynamic entries&#8221; Yelling &#8221; Police&#8221; and then beating, robbing and sexually assaulting people. </p>
<p>And BTW &#8211; if you defend yourself from such a home invasion (as would any sane person) and it turns out to be the police (even if they are attacking the wrong address) YOU will be charged with first degree felony assault &#8211; worth up to 99 years in jail. </p>
<p>Orwell&#8217;s &#8220;1984&#8243; came a while ago folks &#8211; you are just starting to realize it.</p>
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