Is That a Home Invader or a Police Officer Executing a No-Knock Warrant?

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Gun owners across the country may want to keep track of what is scheduled to be a September capital murder trial in central Texas, because it illustrates a nightmare scenario for home defenders: A homeowner shoots and kills a law-enforcement officer whom the homeowner had reason to believe was an intruder that might do the homeowner harm.

We asked Emily Taylor, an attorney with the law firm of Walker & Byington in Houston and a Texas Law Shield Independent Program Attorney, to shed some light on how the law in her state works in situations where a homeowner mistakenly shoots and kills a law-enforcement officer.

  • Background

Marvin Louis Guy, 51, is alleged to have shot and killed police officer Charles Dinwiddie, who was part of a team with a warrant to conduct a no-knock search at Mr. Guy’s home on May 9, 2014. Mr. Guy is also alleged to have wounded three other policemen, David Daniels, Xavier Clark, and Otis Denton, during the narcotics raid that took place around 5:30 a.m. that fateful day. Click here and here for more background. The officers didn’t find anything, for the record.

Marvin Louis Guy. Jail photo.
Marvin Louis Guy. Jail photo.
  • What is Capital Murder?

Taylor explained that there are several ways to commit capital murder. She elaborated that “of the ways to commit capital murder, we are looking at the ‘biggie’ here — a person who murders a peace officer, who is acting in the lawful discharge of an official duty and who the person knows is a peace officer, commits capital murder.

This is worse than your run-of-the-mill homicide because if you’re convicted of capital murder, you’re eligible for the death penalty. The alternative isn’t much better; life in prison without parole. Taylor summarized that, “for this individual to avoid a life sentence without parole, or worse, the death penalty, the most important issues are: were the police in lawful discharge of their duties; did the individual in question know that it was a police officer entering his home; and finally, is there evidence that indicates the shooting was reasonable and justified.”

  • Why didn’t the police knock and announce who they were before entering the home?

“The general rule is that the police must ‘knock and announce’ their presence prior to entering a premises to execute a warrant,” Taylor said. She elaborated that there is an exception to this requirement. “If the police can articulate a reasonable suspicion to believe that if they knocked or announced before entering it would be ‘dangerous, futile, or would frustrate the search’s purpose,’ then they no longer have to knock and announce.”

Taylor stated that there are two ways to accomplish this “no-knock” goal. The police can ask in the warrant itself that it dispense with the knock-and-announce requirement. Alternatively, they may claim that the circumstances on-scene surrounding the actual search justified dispensing with the knock-and-announce requirement at the time the warrant was executed—no prior approval needed.

How hard is it for the police to satisfy this requirement? In practice, the potential for the destruction of evidence and concerns of officer safety will almost always supersede the knock-and-announce rule.

So what does this mean? Taylor said, “It is pretty easy for the police to legally break down your door to execute their warrant, without any warning to you.”

  • What about the Castle Doctrine?

Taylor made it a point to mention that “People who are familiar with the law in Texas will immediately ask, ‘isn’t this a Castle Doctrine situation?’ which is a good point to make.” She referenced the Castle Doctrine law, which says you are presumed reasonable to use deadly force to defend yourself when a person has unlawfully and with force entered, or was attempting to enter, your occupied habitation, vehicle, or place of business or employment.

Taylor’s analysis was that, “the Castle Doctrine requires that the entry be unlawful. In this case, the police had obtained a warrant and thus had a legal right to enter the property by any means they deemed necessary, such as by executing a no-knock warrant.” This means that the homeowner does not get the advantage of the Castle Doctrine (namely, that his use of deadly force is presumed reasonable) and we must analyze the reasonableness of his deadly force as though he were not in his “Castle.”

  • Did the homeowner know that the person crawling through his window at 5:30 AM was a peace officer?

To summarize, the no-knock entrance was legal, and the Castle Doctrine does not apply. The defense can only effectively argue the remaining option; that the elements of the crime of capital murder have not been met, and that the use of deadly force was reasonable and justified.

There is no question that the officers were acting in the lawful discharge of their duties. So the only issue that can negate capital murder lies in whether or not the homeowner knew, or should have known, that it was a peace officer coming through his window. In other words, a “mistake of fact,” in which the homeowner believed it was your run-of-the-mill intruder slipping through the window that morning.

What are the facts to be considered? Things like whether the police officer identified himself as he slipped into the home, were there police lights or sirens outside, was the police officer wearing anything that had POLICE written on the front.

Taylor explained that “a mistake of fact needs to be both honest and reasonable.” She elaborated that “honest” means he really didn’t know the man was a peace officer, and “reasonable” means an ordinary and prudent person in the same situation would not have known the man was a peace officer.

If the jury believes he committed an honest and reasonable mistake of fact as to the man’s identity as a peace officer, and that he used deadly force based upon his reasonable belief that it was immediately necessary to defend himself from a burglar/home invader, then he did not commit capital murder.

Ultimately, this comes down to whether or not the jury of 12 random people believe that he didn’t know it was a police officer entering his home.

Taylor concluded by saying, “Whether or not the homeowner can succeed, and avoid both the death penalty or a life sentence without parole, will depend entirely on the evidence presented, and the jury sitting in front of him that day.”

And in a recent development, Mr. Guy says it was police gunfire that struck the officers, not his shots. That assertion was made in a federal civil rights complaint Mr. Guy filed, court records show.

How do you think this will resolve? If you were on the jury, which way would you be leaning based on the incomplete facts presented so far?

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88 thoughts on “Is That a Home Invader or a Police Officer Executing a No-Knock Warrant?”

  1. THIS is a good way for a police officer to be SHOT.
    The way things are going on in this Country for years with DRUGS. Break-ins and robberies are being committed every day, What else do “We the People” do to defend ourselves?
    If my door gets kicked down, I WILL NOT hesitate to defend myself and family. This is NOT a COMMUNIST COUNTRY YET, even though the “left wing a-holes” are trying their best to turn it into one.

    1. Not guilty. The police could just wait for the guy to leave his home to arrest him and then go in the house with a warrant to find whatever it is they want to find.

      1. I think your point is excellent. What was the necessity/urgency of “breaking into” the man’s house at that hour. I would need a great deal of convincing evidence not to exonerate the man.

    2. Well stated sir! And with the continued militarization of most of our police forces, I fear more liberties will be regulated out of existence.

    3. No knocking or crawling through window I will protect my home and family. You come like a thief, you leave like one!

    4. Your post to me didn’t have a reply button. So, thanks for the reply. It seems Clark Kent states he was an officer for 30 years out on the LEFT coast. If that is true ( and I have no reason to doubt it ) he is actually a part of the PROBLEM. Everyone is entitled to their opinion ( until Hillery gets in! ) But I read everyone’s statements here. Only he went through and criticized those that said the guy ( homeowner ) was right for shooting someone invading a home at 5 am in Texas no less. I have never been a law enforcement officer, nor have I served in the armed forces, but when Oath Keepers first was formed, I was given the opportunity to be an honorary member at the first T.E.A. Party, here in Knoxville Tennessee on April 15,2009 at Worlds Fair Park. Bottom line,I fully support the Constitution of the USA, and will never break my oath to support and never go against it by any directive or “law” that is contrary to it. I would rather die. Thanks again. And may God Bless our once great nation that is slowly crumbling as a result of the PC politics we have today.
      Sadly, now only Trump ( and God ) can save us. PEACE

  2. “The officers didn’t find anything, for the record.”

    Sums up the “mistake” made by the LEO’s.

    How many times have these types of “to serve and protect” resulted in “we the people” be murdered by the king’s men? And over what?

    When have you heard of LEO’s being held to higher standards when they make “mistakes” resulting in the death of innocent Americans.

    Gee…. you’ld think we were fighting the Indian Wars all over again.

    1. Good clarification, and our republic government has already turned into an oligarchy, so fascism and the loss of our constitution are not far behind.

    2. Correct; and the single most important factor that is pushing this country toward fascism is the so called “war on drugs.” The “war on drugs” should go the way of prohibition. The vast majority of our prisons are filled with non violent drug offenders, and the majority of violent crime on our streets today is centered around “drug trafficking” and sales. If the drug laws were repealed tomorrow, our prisons would be almost empty, and violent, drug related crime would be a thing of the past because people could simply go to the local pharmacy and buy the drug of their choice. How many of our rights have been sacrificed on the altars of the drug war and the equally specious “war on terror?” Nixon saddled us with the drug wars, and vastly overhyped fear from 9/11 gave us “The Patriot Act” with its secret courts and TSA goons at every airport, who delight in fondling little children and crippled old women. We must begin to take back the essential rights that have been stolen from us.

    3. Not a whole lot of difference between the two; they are both collectivist tyranny ideologies.

    4. You would not know a fascist state if it bit you in the azz. Why don’t you move to Syria and experience a REAL fascist state?

  3. I fully agree with Cliff. This “law” is really a screwed up mess. How in the world would this guy know if this was a cop coming in his window? I would have done the same thing. On top of all this, there was no drugs found, so why the warrant in the first place? I feel bad for the cop’s family, but the cop should have known he was going to get a face full of lead when he took this assignment.

    1. I agree with you also. Maybe they need to change the guidelines for entering a persons home, especially so early in the morning. The Castle Doctrine becomes “void” just because the police have a piece of paper? HOW does the homeowner KNOW prior to pulling the trigger that there is a piece of paper that just nullified his right to defend his home??? He should be exonerated on any charge for murder, especially since there were no drugs found.
      Anyone who kicks in my door, regardless of uniform or no uniform, if possible will be shot. If it’s the police, or FBI, or CIA, they better knock first. A twelve gauge slug to the head ain’t much fun to who gets it!!!

      1. I have to believe that the “reasonable man” doctrine would have to prevail in these cases. In other words, what would the hypothetical reasonable man do under these circumstances? I believe a reasonable man would have defended himself from an existential threat and kept shooting until the threat was removed. Unfortunately, he will probably be found guilty of capital murder because he’s black and it’s Texas.

        1. Ahh, the race card. Played by folks who are clueless. You just negated any possibility of credibility with that stunt. Now go read you Spiderman comic books in the basement of your parents home where you live. This is an adult forum.

      2. Shoot an officer in uniform? Hope you enjoy your well deserved long visit to prison. Catch a clue: the first rule of firearm handling is to be AWARE OF YOUR TARGET.

        1. Hummm. Yea, know your target. MY target is ANYONE, coming head first through my window, at 5am. Sure can’t see a uniform at that point. I know you’re on here to criticize everyone else’s comments, including mine.
          So, that being said, I just want to say that the life I live is a law abiding citizen. There is no reason for the police to come kick in my door, or crawl through my window with a No Knock warrant. And as such, I wouldn’t think twice that there would be a Law Enforcement officer coming to invade my castle.
          I support the Law, I am also an Oath Keeper. You know what an Oath Keeper is? Are YOU an Oath Keeper too?
          So with that put out there for you Clark Kent , my answer still is : Any person crawling through my window, even if it is a law enforcement officer ( who do make mistakes such as wrong address warrant searches ) must realize that there are consequences sometimes, and people die when mistakes are made. It may be me that dies, or them that dies.
          Those are the breaks! Did I answer your question satisfactorily? I am very well schooled in firearm use and handling. Been shooting since about 4 or 5 years old. Got my hunting license at 9. I am 51 now. I have never shoot anything that I didn’t INTEND to shoot, am also a Concealed Carry Permit holder. Did I pass the test, or are you going to send in Lois Lane???

          1. Hello fellow Oath Keeper. Agreed! I do not care WHO is crawling through MY window at night. They (whomever they are, will get a dose of 00 buck.)There have been stories of Criminals that are dressed in the same black hoodies to cover their faces as the “police” do in their “no knock” raids and holler Police. (but who “hears” well when woken up out of a sound sleep. ) These “no-knock” warrants are a BAD idea that WILL get someone killed, be it the cop or the person being “raided”. Is a small baggie of POT or any drug for that matter worth you life? (or a mistaken address?) THIS has also happened.

    2. The real kicker is the last paragraph where it says that the homeowner was NOT the one that shot the cop!

      1. Good point! Ballistics will tell which gun fired the fatal bullet, if they do a ballistics test & don’t cover it up. Anybody can claim anything. We have seen government do that more than a few times, haven’t we?
        On the flip side, we don’t know all the facts. It doesn’t seem to be a case of the wrong address. I would like to know why the police were there in force. They must have known or suspected something.
        The bottom line is the burden of proof is on the prosecutor. They have to prove their case beyond a reasonable doubt. Judges are supposed to be fair & impartial but you can be sure they know who pays their salary & who their supporters are. The jury decides matters of fact but the judge has a big influence.

  4. Even if the police do say they are the police as they are entering a home with a no knock warrant, a person that is sound asleep at the time may very well not hear or comprehend that they are police. This no knock warrant is a very bad idea, and it is a very good way to get someone killed, as in this case, whether it may be the police or the home owner, or both.

    1. If someone were to break in to my house in the middle of the night, how could he possibly have the protection of the law? I have never heard of a regulation so heinous. This procedure will get someone killed, maybe several people. I know it would if it happened to me. Are the police who perform such an act as a no-knock warrant aware ahead of time that they are in danger of being justifiably killed? In Texas a great many people are armed, and it’s not unheard of for cops to break into the wrong house. This aspect of the “law” is truly scary. What d**** came up with this?

    2. Good call out. It seems as though this was a legally owned gun. If it was, I’d think with back ground checks and gun registrations (although I am not familiar with Texas law) the police would have known in advance this residence has a gun owner inside; proceed with caution.

    3. So you are OK with evidence being destroyed or heavily armed drug dealers grabbing their firearms so they can kill police officers? Tell you what, amigo, why don’t YOU become a police officer and show us all how it SHOULD be done? Put up or shut up.

    4. Tell the judge who signed the warrant it is a very bad idea. I am sure he will laugh you out of the courtroom. Grow up.

  5. If I was on the jury I would find Mr. guy NOT GUILTY. Any person in his right mind could not find this man guilty for shooting anyone sneaking through a window or crashing in the door of his house while he was asleep.

  6. Bad people dress as police and kick down doors at any hour with full ma-intent. I am supposed to be able to differentiate between bone fide police and ‘actors’ in the very seconds between understanding an uninvited entry is in motion and pulling a trigger. Very unreasonable, IMHO. Furthermore, if the police obtain permission from a court to enter a building unbeknownst to, and unvited by the person or persons inside, they must do so cognicent of and in full acceptance of the risks they are taking. If the risk is not acceptable, surround the building with personnel, sirens on, lights flashing and bull horns proclaiming police presence,thus giving the folks inside some capability of understanding what is happening. Bad people dressed as cops would not put on such a show, I’m pretty sure. Because the law sides with the police to the extent it does accounts for many of the indecent acts perpetrated on the general public by the police who are basically unaccountable for the outcome – it is always the fault of the innocent UNLESS the innocent can prove otherwise – yep – we are guilty until proven innocent. It’s not supposed to be that way.

  7. The cop was probably right. Unfortunately he is DEAD right. Breaking into a home at that time is asking for trouble with or without the judges’ and or commander’s direction. Stupid policing.

  8. I don’t know all the facts but based on what has been stated thus far, if I were a juror, he would walk. “The Constitution of the United States” trumps State law. One of the very reasons the constitution was written in the first place was the unreasonable search & seizure by the British. How was he to know the intruder was a police officer? Unless he was apprehending a known criminal or had very strong evidence there was criminal activity in the house, the officer was an intruder. Did he show identification? Obviously, he didn’t present the warrant. On the other hand, why did he have to shoot? He could have held the officer at gun point & thereby given him a chance to identify himself. I think deadly force should be the very last resort by homeowners & police alike,
    regardless of the intricacies of the law. It may be legal under Texas law but it is a very stupid move. What is a person to think when somebody is crawling through your window at night? Anybody can claim to be a policeman & anybody can present a piece of paper claiming it is a warrant. Maybe the title to this saga should be “how to get a good officer killed”.
    That being said, I think there is much more to this story than what we know. There had to be something else going on. Guys assertion that it was police bullets that killed the officer seems to indicate they were there in force. Ballistics will (or should) tell that tale. Why were they there in force? Sounds like Mr. Guy may have been up to something.
    We all want the bad guys behind bars & we all support the police & want them to be able to do their job safely but there are ways to accomplish that without giving up our Constitutional rights. The way they did it this time doesn’t seem to promote officer safety!

  9. If he truly did not know that the person entering his house was an officer he should walk on all charges! A NO knock warrant is begging for this kind of think to happen. I know that if someone breaks into my house if my Shepard doesn’t get them they are going to have a clip or two of 45cal. lead coming at them. Why on earth would they execute a no knock warrant? Why not bring enough officer’s to cover all sides of the house and do a knock or announce warrant?

  10. That’s a whole lot of words to try to rationalize that no-knock warrants and ignores the fact that the govt has NO constitutional power to regulate “narcotics”, or any other victimless crime, in the first place. If it went down as stated then it was an unconstitutional raid and the homeowner has EVERY right to defend himself, his family, and his property from EVERY threat, whether that be from criminals intent on harming or robbing him, to the govt and its agents intent on harming or enslaving him for something they have no business regulating anyway.

  11. So, let me get this straight, if someone breaks into my house and yells, “Police”, I have to believe them, and cannot defend myself? Sure seems like a good technique to use if your a home invasion specialist. Kind of gives you immunity from being shot, doesn’t it? That’s BS. No reason in the world justifies no knock entry. A home IS a castle. Period. You want in, you’d best have a warrant, and present it at the door.

  12. Knowing just what I know from the story, I would have to side with the homeowner. Policing like this, regardless of the advantages it provides, is just asking for trouble. I know how my mind is when I’m startled awake, I’m not all there. No way should police be able to play this dangerous game, then hang all the responsibility on the only person involved that didn’t know what was going on.

  13. I have to agree with the comments above. No knock, no announcement, crawl through a window at 5:30 AM, into a suspected drug dealers house? What the h-ll did they think might happen?
    Stupid idea. If they have the house surrounded, why not make the announcement

  14. I believe from the info contained in the “here” links that his previous felony convictions will/should have prevented him from owning/possessing a firearm at all. So I believe many other state’s laws would preclude him of using self defense a justifiable reason of shooting anyone. Texas I don’t know if it does. In short if having a weapon is illegal then anything you do with it is illegal even if all you did is protect yourself from what you perceived as a real threat. Similar thing happened in Indiana. A real test of courts and case law will be if police, even legally enter, and a completely “clean” homeowner shoot the police. From a deep sleep it is said you can take 5-15 seconds to be cognizant of sounds and what is happening around you. From LFI-1 Mas Ayoob. How easy would that be to not hear the announcement of “police”?

  15. There simply is not enough data here to make even an educated guess. But, with the info provided, if I was on the jury, I would find not guilty, and hopefully avoid any civil charges. Regardless, this is just another situation where cops think they can do no wrong.

  16. While I am not an attorney, I have to think that the homeowner has to know that the entry is a legal entry in order for the Castle Doctrine to be null and void. If the homeowner is asleep and the police enter without announcing themselves, the homeowner has no reason to believe the entry is legal.

    However, because this is Texas and the defendant is black, he’ll probably get the death penalty.

    1. Wow….I can’t believe that you just called every person in the State of Texas a racist. Wow.

      1. I did not call every person in Texas a racist. It is a well known and published fact that black people get treated under the law in a much more serious fashion than black people do. Institutional racism is alive and well in the U.S. of A. and if you don’t know that, you’ve been living with your head in the sand. In addition to that, Texas has a history right up to today of giving blacks more serious sentences that whites for the same crime. Prosecutors are never looking to give their accused a fair trial; their intent is always a conviction. And in the former slave states, it’s very easy to pack a jury with prejudiced whites. It literally happens every day. If you don’t realize these things, then you are part of the problem.

        1. I meant to say that black people get treated under the law in a much more serious fashion than white people do.

          1. Really? So you have researched the actual numbers instead of parroting the agenda driven media? Until this past couple of weeks, we had a total of 596 police shootings. In that 596, 129 were black victims (approximately 20 %). The black population is 13.2% of the total populace of the country. So it seems to be around 7% of disparity. But if you research the 2014 FBI report of relation to crimes by race and gender , you find that the 13.2% commits 42% of the violent crime. Committing a violent crime will put you in a possible deadly encounter with the police. So 13% of the population has a deadly encounter with police; while committing 42% of violent crime: and results in only 20 % of the deadly encounters with LEO. To simplify, only 20% of the deadly encounters are encountered by a group that commits 42% of violent crime. So does this reflect the same information that a Liberal, uncontrolled media and a corrupt Government is telling you?

        2. State case and docket #’s please. Or a date the case was reviewed by the liberal press. I can just as easily refute your claim with my unsubstantiated data. However I will be just as wrong as you. I believe the whole system of our government (the elite) is using all of us for fodder, and some of us are well meaning police (there are black cops also remember) that get caught up in the system and used just as well. When we stop aiming at each other as a society and turn our sights collectively toward making them work for us again, there will be change until then, we are domed to continue this path.

  17. I was a federal officer for 8 years. 15 years ago, these draconian actions and laws, such as the [anti] Patriot Act were pretty unthinkable. Anti-knock warrants are mainly granted so that the suspect doesn’t know that the police are going to be crashing in their door (usually to prevent the destruction of evidence), so by definition, a reasonable person (suspect) would not know that they are getting invaded by the police. Now, the suspect has to prove their innocence by somehow proving that they didn’t know something. I feel bad for the officers, but this law (and others) need to be re-visited. Also, there should be recourse when a warrant is granted and no evidence found – maybe the requester & judge should be barred from requesting or granting any more warrants for 1 year. This whole mindset is only creating a deadly risk and risk of litigation for the department – for what? The possibility that this guy possessed a bag of pot, etc? If there is no victim, there shouldn’t be a law against it.

  18. I expected this to happen sooner or later. It will be curious to see how it comes out. Yes, it is Texas and he is black. That could make it very tough if he has much, or any, criminal history. He wasn’t charged with illegal possession of a firearm and that is a plus. If they can get Gun owners on the jury he might make it. Night time no knock warrants make this a strong possibility to happen often. I am surprised it has not already come up. I would like to see the evidence for the warrant. I do live in Texas and sleep with a weapon within reach.

  19. In research I see that he does indeed have a felony record for bank robbery and other. I will be tracking this one for sure. Texas DA’s are pretty aggressive about this, and the current problems between Black people and Cops will make it pretty tough for him.

  20. Several TV crime shows have shown home security video of criminals breaking entry and announcing they are police. Shouting Police upon entering a building doesn’t mean they are actually police. Being dressed in black BDUs or flak jackets, helmets, and blue jeans isn’t going to get you safe passage just because you shout police any more. If a person isn’t prone to being a criminal in the first place and is being SWATTED for instance then defending one’s ground should be fully defensable even if it is the police. One can’t expect a homeowner to run to the window to look for cruisers or check warrants before defending oneself. The police should reconsider their tactics. Wouldn’t it be easier to wait til the people have left the premises to execute a warrant to search the premises? Why the theatrics at 4am? Is it really necessary? We searched your place while you were at work and found this stuff, you’re under arrest is a lot easier than a neighborhood being subjected to a warzone worth of gunfire! It sounds like some testosterone male cat spraying his territory BS to me.

    1. Judge: you are being charged with having possession of 10 pounds off heroin and 4 unlicensed fully automatic weapons in your place of residence.
      Defense Lawyer: a.k.a. scumbag, judge we submit that these charges are bogus in as much as my client was at his ailing mothers house across town when the evidence was seized. We also submit your honor that my client did not have these items at his place of residence when he departed 3 hours before the police arrived and that these items must have been planted.
      Judge: Mr /Mrs?Miss prosecutor, is that correct, that a warrant was served without the defendant BEING PRESENT.
      Prosecutor: Yes sir,that is correct. The police did it in that manner because they feared other wise they might have to blow his worthless azz away. This way it did not in in a semi tragedy.
      Judge: after a lengthy admonishment of the prosecutor in public and suggesting a refresher course in executing warrants for search and seizure declares that the evidence is not admissible and sends the perp home to sell drugs to the neighbor hood kids once again. YEA BABY!

    2. So how many years have YOU been a police officer, thrifty? By your laughable comments, I’m guessing zero. Tell you what, why don’t you tell your banker how to keep the bank accounts? Or your tailor how to measure your next suit? Just because you watch re-runs of ‘TJ Hooker’ does NOT make you an expert in police work.

  21. If I were on jury with the facts presented i would have to vote not guilty. If police serve a warranty at my house unanounced slipping around in my house i would do same thing they better have glow in the dark police on their flak vest. It’s just a bad idea to slip in some ones house unannounced police officer or not. set a perimeter and kick down door screaming police, search warrant then no mistakes to be made, Over reach of government, and you go to jail. Sorry for the family of police officer just doing what idiots in charge told him to do.

  22. The judge is crazy to allow this kind of behavior. The judge is at fault. Who does the judge account too? Nobody?

  23. Yes, the selection of the Jury is paramount in this case, and that is way it will NOT be a jury of his peers, and it will NOT be a random jury! Hasn’t anyone here been “selected” as a juror, only to be excluded because of various not-so-random reasons. This type of jury selection today is a farce and a representation of the total corruption of the system, which has reached it’s ultimate peak in the dismissal of charges before a trial by the FBI, DOJ and Clinton mafia.

  24. This is crazy thinking on the police side no knock what is a person supposed to think ! Someone coming through your window early in the morning ! Anybody doing that will get a face full on number 4 buckshot in my house ! To many home invasions in my area the old saying shoot first ask questions later ! Sorry for the officers familiey but that is just stupid in these times !

  25. Was the resident in legal possession of the firearm? Or, were they a prohibited person under the law and should not have been in possession…

  26. The court is wrong about no knock warrents. Police, who I greatly appreciate, need to do their job. If a person is so dangerous that you need to get him by surprise, do your detective work and find out when he is alone and get him. You have no business endangering other people because it is easier to get him by kicking the door in. I would do my best to terminate anyone who came in in the middle of the night and anyone with him. I feel that an honorable cop would knock on my door at a decent time of day and present his credentials and a warrant. Then I could beat it in court without anyone getting shot.

  27. The judge who allowed the process and the police officer in charge of the raid should be the ones that (first) go in and execute this warrant. Any reasonable person would NOT BREAK in any home without expecting to be SHOT… especially in TEXAS! Socialist always find ways to “set” the citizen up for trump charges; and so did Hitler and Stalin. Stalin killed countless military officers because of the believe that the officers would conspire against him and possibly kill him. As in all these cases, the people did not oppose those leaders as one group after another fell. Finally, “when” they come for YOU, there won’t be anyone left to speak (for you) or defend you. ” Regain and defend our Constitution of the United States of America,, by the people, FOR the people! Give up your 2nd Amendment, and the rest of the Amendments won’t matter!” JLLUNA

  28. It all goes back to the militarization of the police force. Using military tactics often result in bad outcomes for citizens and police officers. Due to this military mentality, many police officers have lost the ability of critical thinking. Just as the poster above stated, why risk life when u could have searched the premisis while unoccupied?

  29. The no knock warrant used to be extremely rare, but for years now it’s been routinely rubber stamped by judges who ignore the castle doctrine and defer to government agencies. Shame on the judges, politicians and police who have undermined our system of law and our constitutional rights. Shame on them that terrorize, and sometimes kill, Americans in their own homes, cynically under cover of “law,” even as the borders are left open to all the narcotics trafficking and organized crime imaginable.

  30. This is what happens when police are militarized. Now the laws back up illegal entry on behalf of a rogue police state? Unbelievable how they manipulate and word the “law” to gain an unfair advantage in an unfair war on drugs. This criminal behavior by law “enforcement ” agencies has got to stop, and we the people vastly outnumber police and govt. Time for a change, peaceful at best but violent if necessary.

    1. More ‘militarized police/ rogue police’ B.S. The large West Coast agency I worked for (30+ years) GOT RID of the shotguns in the patrol cars years ago (and did not replace them with rifles). Dave, do us all a favor and go on a ‘ride along’ with your local PD and find out what low-bid, obsolete equipment they are forced to use every day. By the way, folks like you are the ones who yell ‘fu*k the pigs’ every chance they get but the minute their azzes in a jam they scream: ‘HELP! POLICE! HEEEELLLLLP!’. Grow up and get your head out of your posterior.

  31. In my opinion the department commander’s decision to use this tactic is totally responsible for the outcome. The judge signed the officer’s death certificate by approving this type of warrant. Not finding the contraband magnifies the mis-intelligence of the entire operation and cripples the reason for the mission to begin with. I respect and support peace officers, but this was entirely flawed.
    Capital murder? The article doesn’t clarify what the warrant was for, contraband or outstanding warrants. No contraband was found so it could be assumed Mr. Guy had no reason to believe his home would be invaded for drugs. If he had outstanding warrants, and that’s what the warrant was for, I’d say he’s going to be charged with capital murder because he was evading arrest.
    #nosupportfornoknock

  32. Anyone breaking into a home should be shot, police should not have the right to kick your door in without letting you know they are law officers. That is asking for trouble, our state should not put it’s citizens or law officers in that type of sitituation. Our law officers have enough danger in their job without adding to it.
    Now they have created a sitituation where if you defend your home and shoot an officer, you have to keep on until you are killed, spending the rest of your life in jail or the death penalty if not an option.

  33. One must also take into consideration the fact that most operations of this type usually come with police all armed with AR rifles and ready to fire when the door is breached. Good way to get shot by the officers as a preemptive reaction when seeing a homeowner with a weapon in hand. If the homeowner has a dog, usually it gets shot as well. No drug bust is worth the taking of a life, whether it’s the perp or the officer. Get a warrant and announce your presence first. what’s to lose? The evidence of drugs? Still not worth a human life on either side. Especially if the address is wrong on a warrant, an all too common occurrence…..

    1. Agreed Earl,
      THIS has happened on MANY occasions. One incident comes to mind when a toddler was maimed by a flash-bang thrown in the crib. OOPS, nothing found…SORRY…BYE have a nice day!

      1. And, no telling how many ‘vicious’ pet dogs have been shot! In at least one case, again, SORRY, HAVE A NICE DAY!

    2. Yup, it is not worth a human life. That is why a no knock warrant does not allow the suspects to arm themselves against the police. THINK before you post, Earl.

  34. Midsouth, really! You post a bias report from one side only about this. You nor most of the posters here know much if anything about the case. Go ahead and dig this man up so he can be buried again.
    This clown that killed Dinwiddie was a multi time loser and he knew the cops were there believe me. I guess you would have been just fine if this guy lived next door to you. I guess you have no problem with the cartels shooting up the cops either, h&ll guys, I thought it was one of the other cartels tryin ta take my stash. There is a difference between this case and me kicking back on my couch and blowing away a scumbag coming through my window or door. Dinwiddie was following orders. My son is a peace officer and the crap he sees and goes through on a weekly basis really turns my stomach some times. But he wants to serve his community. He had and has now chances to make twice the $ he does now but continues to serve. It is easy to beat up cops cause the only contact you have is when you get stopped for NOT speeding or read about a cop killed someone. If a cop commits a bad killing, such as we had in the last couple of weeks, they need to fry because they abused the public trust However, this is not the place to bring to trial Mr. Dinwiddie. It doesn’t matter what your views are on drugs. As one of my Battalion Commanders told me over 40 years ago. It doesn’t matter what we think about the drug laws (especially in the Army) drugs are illegal and that is all we need to know. Should we put this guy in jail???? I say no. I don’t want to pay to feed and house his goat smellin’ azz. It will be my hope he gets off and when a buddy ol’ pal of his smokes his butt over a dime bag, I will make a mental note to lose 2 minutes sleep over it. Last thought. It is easy when you don’t have to make life and death decisions on the fly. Did anybody miss the fact that the perp had his gun drawn and ready. Try this, have your pistol next to you while you snooze on a chair (unloaded and blocked or a toy pistol) in a dark room. At some undisclosed time have several people rush you yelling and screaming. See which one you are able to shoot in the face and how many you can wound before they get to you.

    1. AGREED, THE FIRST COMMENT I MADE WAS, “WE DON’T KNOW ALL THE FACTS”. I KIND OF FIGURED THE POLICE WERE ON TO SOMETHING. UNFORTUNATELY, RIGHT OR WRONG, THEY HAVE THE BURDEN OF PROOF & THE OFFICER IS DEAD.

  35. “….if they knocked or announced before entering it would be ‘dangerous,”

    NOT knocking or announcing before entering, at my place, will be greeted with “gunfire!” LOTS OF GUNFIRE!! That could be VERY dangerous. Not sure what “genius” decided that this “no knock warrant” program was anything close to safe, for the potential “innocent” home owner, or the police, but that law, like gun free zone laws, is ridiculous??

    1. Ever hear of a ‘judge’? Ever hear of the ‘legal system’? Better brush up on civics.

  36. If I hear glass breaking at 0530 and run downstairs to find someone crawling through the window im lighting his keister up. I think that is reasonable. The police have gotten way out of hand with no knock entrees, civil forfiture etc. They need to be reigned in.

  37. As more and more people armed themselves against home intruders this no knock warrant puts officers and citizens in unnecessary hazardous situations. What did they hope to discover a few ounces of pot or Coke? Was it worth the officers life? Many situations in life we have to weigh our expectations of the results and what it could cost us in this occasion the cost was too high. I do not believe in no knock warrants I think they only jeopardize everyone involved. It is just not worth it

  38. Having been a Police Officer for 7 years, a Sergeant for 10 years and a Lieutenant for 3 years in the NYC Police Department I will have to agree with those folks who say a black man will get different attention from the police. However there is a good reason for that. Our experience arresting people shows that we arrest a lot more blacks than other races because those people have committed the crimes. I am not a racist but I will take particular care when approaching and interviewing a black male especially a male from 14 to 34 years of age. That being said I am sick at heart over the recent Police shootings of black men in Louisiana and Minnesota. All the facts are not in yet so I will not criticize any of the parties involved at this time. In the case written about in this article I would expect a complicated trial that will cost the defendant a lot of money if he has it. If not then he probably will use Legal Aid and he will go to jail for along time. This case should be defended by the best attorney as this case could eventually go to the Supreme Court as I believe a normal man would defend his home in the same way 100% of the time if he had any doubts of the identity of his invaders. I await further information on this case but as it is Texas and he is black I do not have much faith that he will get a decent defense nor a fair trial. That is not a racist statement but reality does work here.

  39. Find it hilarious the borderline ****** who has a comic book character alter identity as his screen name would tell anyone to “go to the basement and read their Spider-Man comics” sounds like he’s the one that needs to “get a life” what a moron.

  40. Come on guys, we need the police & we should support the police but the “Constitution of The United States” is what separates us from the police states & dictatorships of the world. Freedom is not free & police work is dangerous. I have numerous friends that are police officers & I have also known FBI agents. One of my current clients is a BATF agent & I have relatives that are in police work. My former neighbor was the commanding officer of a Navy seal team in the Gulf & his job was “payback”. The police also need us. They can’t do it alone & violating our basic rights under the Constitution is not how to get the support of the people.
    No, I have never been a police officer, but I have been shot at. I had a full load from a shotgun go through my coat at close range without hitting me. That must have been my lucky day. My Vietnam ribbon has 3 combat campaign stars on it. A good friend just died. This is off the subject but if you think you have a dangerous job , he had 4 purple hearts from fighting in Cambodia. I didn’t go to Vietnam to protect the government, I went there to protect my Constitutional rights. Countless good American military men have given their lives for that Constitution & I will not sit here & watch it get destroyed without a fight. I want the drug dealers behind bars as much as anybody but let’s work together & not make the cure worse than the disease. I see no excuse for violating the US Constitution. That is the most serious crime I see committed here! Bureaucrats are always looking for ways to defeat the Constitution & seize more control. They avoid real solutions because they are not politically correct & will cost them votes. The abuse of our Constitution has to stop if we are to maintain our freedom. Ever heard of “The Black Robed Mafia”. Like one of my in-laws & silver star recipient (US Army Major
    Matthews) said, “at least in Korea, I knew who the enemy was.”
    Let me ask you, what would you do if you woke up in the middle of the night & an armed intruder was crawling through your window?

  41. No one’s commented bout the no knock where a flash bang ended up in a baby’s crib killing the child. And the main stream media didn’t report on it either.

    I believe they should have made sure the guy was home by surveillance, conducted a legal knock raid. And if no answer then bash the door in with big announcement. There’s little someone could dispose of in a minute of time and it would allow everyone more safety.

    1. If memory serves me, there were no drugs found in this home, nor any crime committed, other than the Police breaking down the door and maiming the toddler. “no knock” warrants should be made ILLEGAL or MORE police will end up shot or hurt.
      And like others have said what would YOU do in the wee hours of the morning if someone was breaking in YOUR door or a window “unannounced” . The way things are in this country now, with all the rampant drugs and crime… expect to be SHOT.

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