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jamisjockey wrote:Just to hijack the thread further, I wonder if this statute could be applied to the police kicking in the wrong door on a no-knock raid?

Home invasion without a proper warrant: sounds to me like force (deadly or not) is on the plate.

CJD wrote:

jamisjockey wrote:Just to hijack the thread further, I wonder if this statute could be applied to the police kicking in the wrong door on a no-knock raid?

Home invasion without a proper warrant: sounds to me like force (deadly or not) is on the plate.

One could resist, but one would probably end up dead.

And the compensation varies from department to department or city to city. Some will not compensate at all, while others will.

jamisjockey wrote:Just to hijack the thread further, I wonder if this statute could be applied to the police kicking in the wrong door on a no-knock raid?

I would say no because even on a no-knock warrant as soon as the door opens you identify yourself as Law Enforcement. e.g. scream "police, get on the floor"

Texas_Tactical wrote:

jamisjockey wrote:Just to hijack the thread further, I wonder if this statute could be applied to the police kicking in the wrong door on a no-knock raid?

I would say no because even on a no-knock warrant as soon as the door opens you identify yourself as Law Enforcement. e.g. scream "police, get on the floor"

Yes but you have the right to resist an illegal search, even if you are "informed" that they are police.

Texas_Tactical wrote:

jamisjockey wrote:Just to hijack the thread further, I wonder if this statute could be applied to the police kicking in the wrong door on a no-knock raid?

I would say no because even on a no-knock warrant as soon as the door opens you identify yourself as Law Enforcement. e.g. scream "police, get on the floor"

But there are a plethora of cases of criminals kicking in the door, wearing police style clothing, and yelling police. So much so that I, as a law abiding citizen, would have to assume that anyone coming in my front door is hostile.

CJD wrote:Yes but you have the right to resist an illegal search, even if you are "informed" that they are police.

No you don't. Read section 9.31 again and it says the force must be used by the police first and in an amount that is greater than necessary to make the search. Is says nothing about the legality of the search.

And section 38.03 specifically says that the fact that the search or arrest is illegal does not provide a defense to resisting the arrest or search.

This really gets into the tactics of when to argue with the police. I can almost guarantee that you will not win the argument in the street. You may very well win in court, but I have never seen a cop lose the street argument. He can just call enough help to force the issue and you will be "subdued".

I will not say that you will be convicted if you shoot a cop kicking in your front door without a valid warrant, but I can say it is not going to go very well for you.

srothstein wrote:

CJD wrote:Yes but you have the right to resist an illegal search, even if you are "informed" that they are police.

No you don't. Read section 9.31 again and it says the force must be used by the police first and in an amount that is greater than necessary to make the search. Is says nothing about the legality of the search.

And section 38.03 specifically says that the fact that the search or arrest is illegal does not provide a defense to resisting the arrest or search.

This really gets into the tactics of when to argue with the police. I can almost guarantee that you will not win the argument in the street. You may very well win in court, but I have never seen a cop lose the street argument. He can just call enough help to force the issue and you will be "subdued".

I will not say that you will be convicted if you shoot a cop kicking in your front door without a valid warrant, but I can say it is not going to go very well for you.

Yea after I said that I did read it again and realized my mistake.