SmarterThanTheAverageBear
Gold Member
- Aug 22, 2014
- 29,410
- 4,280
- 280
- Banned
- #101
You are wrong all one need prove is fear. If the cops claim they identified themselves and he says they did not they need to provide evidence they did in fact identify themselves.Stand your ground does not require any such thing. All he has to prove is that he feared for his and his families life as unknown men broke into his house, meaning the cops now have to prove THEY identified themselves in a manner he would have known who they were.And if not recorded what is the chance the cops would admit they did not identify themselves?I'm sure that someone had the door covered
You're making too much of this.
IF the police identified themselves as per procedure, this guy is fucked.
IF they did not follow procedure and didn't identify themselves then he's in the clear.
Tough shit for him. Self defensive is an AFFIRMATIVE defense, meaning he would have to PROVE that the police did not identify themselves, not the other way around.
You are ONE HUNDRED PERCENT wrong. Stand your ground is an affirmative defense, it's essentially a self defense claim. You must PROVE that you had legitimate fear. Which means you must PROVE you didn't know it was the police.
Man come on, use your head for something besides a hat rack here.
That white dude who blew that little girl's face off tried that, did anyone have to prove she wasn't there to rob the place?
When police have a no knock warrant they have a legal right to be in your home (or wherever the warrant is for) and so it is up to you to PROVE they didn't announce.