I figured what I heard of the story was incomplete, and probably with some critical untruths as well. But from what I heard, I were Walker, hanging around with a drug-dealer's girlfriend, and somebody tried to break in, I'd figure the odds were strongly in favor of it being some really bad actors. If I had a gun to hand at that hour, I'd have shot too. And in that environment, I'd have been a fool not to have a gun easily to hand. And then the cops blazed away, and an innocent bystander got killed. (And they missed Walker, who AFAIK was also innocent.)
I've heard of a couple of no-knock raids that didn't make the news, that were no-knock for a good reason. But there were no hostages in this one, and no organized crime stronghold. This isn't the first time a no-knock raid has hurt the innocent; I recall a story a few years back where a flash-bang landed in a crib.
It doesn't sound like police malice, though I doubt I have the whole story yet. It is culpable carelessness, both on the part of the police executing the warrant, and the judge issuing it.
I have a modest proposal.
Whoever issues a no-knock or trivial-notice warrant that is for the wrong address or wrong people will be criminally liable for all destruction or injury that results. If a Breonna Taylor gets killed when the police break into the wrong apartment, the judge gets to do 20.
That might encourage a little more careful review of the evidence.
5 comments:
According to the police, they had good evidence Breonna was in close contact with the drug dealing boyfriend; he was visiting her regularly, previously she lent him a car she hired and a dead body turned up in it the next day, she was on video visiting the traphouse; she put up bai and is alleged to have held money and perhaps drugs for him. The challenge faced by the police is if they give lots of notice that they are coming, then in that event, the inhabitants have every incentive and opportunity to dispose of the evidence. If they don't give advance evidence, violence is more likely. It seems to depend to what extent there was solid evidence Breonna was still involved in the drug cartel versus this was she had put behind her. As for all these events, everyone is in a rush to judge and unfortunately, family, friends, witnesses and law-enforcement have all proven unreliable- although on face value one might trust more the enforcers than those with criminal records,
In which case my proposal wouldn't apply, of course.
Whoever issues a no-knock or trivial-notice warrant that is for the wrong address or wrong people will be criminally liable for all destruction or injury that results.
But first you should show this is a sufficient problem to warrant changing laws.
A reasonable point. Nothing's going to run perfectly, and I can think of some flaws in my proposal. (team leader misreads the address)
Among the wild calls to do radical things(*), I prefer to step back and try to look at "root causes" and weak links instead.
(*)
Legalize drugs -- I don't think that's going to get rid of organized crime, and there are plenty of unhappy side effects
Ban no-knock -- There's good reason for them sometimes
Defund police -- Qui bono? Not the girlfriend who just got strangled and wants protection...
Good points.
I think there is a rationale for allowing "soft drugs" but some drugs probably do so much harm that allowing them to be legally sold would not give benefits to society. Breonna seemed to be involved in those drugs.
I definitely agree there is a crime-reduction arguent for no-knocks. If the authorities have to politely announce their arrival in advance and take time in entering, it provides criminals too much opportunity to dispose of incriminating evidence or vamoose.
De-fund police: maybe shift some funds to social services, but if we defund police entirely then we have to give every citizen a gun and relax the laws so they are allowed to use it. And have armed militia who can protect the old, ill, vulnerable and disabled who cannot protect themselves, Also welcome back lynch mobs.
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