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MN - Wrong house raided; shots exchanged

Should happen in this case?

  • Mr. Khang should be charged for firing at police officers

    Votes: 0 0.0%
  • The police should be charged with armed breaking and entering

    Votes: 0 0.0%
  • No one should be charged

    Votes: 0 0.0%

  • Total voters
    0

VApatriot

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I saw this today in the Washington Times.

MINNESOTA

Wrong house raided; shots exchanged

MINNEAPOLIS — Two officers who raided the wrong house during an investigation were shot at and returned fire, but no one was injured, a police spokesman said.

Family members said the shooter, the father of six, was frightened by the intruders early Sunday and fired through a closed bedroom door after first firing a warning shot.

The SWAT team's erroneous search was part of an ongoing investigation, the police department said. Police said they had received bad information before executing the search warrant.

Family members living in the house said they were upstairs when they heard someone bust through their back door. They said Vang Khang grabbed his hunting gun to protect himself, his wife and his six children.

"He thought they were gang members, and he was scared," said Mr. Khang's brother, Dao Khang. Dao Khang said his brother fired a warning shot, and then two more shots through his closed bedroom door.

The bullets hit two officers, but they weren't injured. Police said bulletproof vests and helmets saved the officers from harm.

Several officers returned fire, but no one in the house was injured, the department said. The man suspected of firing the shots was arrested, police said. He was later released, and a decision on whether to charge him was pending.
 

Marco

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The informant/person who gave LE the wrong info should be charged with armed B/E and attempted murder.

It would be interesting to see if the bad info was just a TYPO:question::idea::?;).



edit;
typo
 

imperialism2024

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Per the stories in http://opencarry.mywowbb.com/forum4/6773.html, the police claim that they announced who they were. Whether they actually did or not, I doubt we'll ever know for sure. On the other hand, if the police did indeed indentify themselves, there's doubt that the gentleman in question would have been able to understand it. I wonder if police had executed the warrant in a more conventional manner, whether or not the gentleman would have resisted in a similar fashion. Regardless, given the facts of the situation we know, I can't see criminal charges either way. I do see a civil suit against the police, at least for compensation for the property damage.

Though it should be noted that had this incident occurred in Pennsylvania under King Rendell's ideal "laws", this gentleman should be slapped with a few 20-year minimum sentences. See http://opencarry.mywowbb.com/forum46/5927.html
 

PROUD American

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Maybe the police did "announce themselves" and the occupants/homeowners didn’t understand English, or maybe they didn’t announce themselves. Either way, in my opinion, the homeowner should be charged with reckless endangerment and aggravated assault. How many of us would blindly fire our weapons through a door without being fired upon first??? But wait, maybe he didn’t fire through the door until they fired rounds at him. Remember the article does say “he fired a warning shot”. Now that would mean the police were returning fire at the “suspect” who did fire first. Yes the police were in the wrong house and they had absolutely no business being there. But, a mistake is a mistake and we ALL make mistakes. Should they be disciplined? Absolutely!!! I would not want a police officer “busting” down my door and unlawfully entering MY house. And you are damn skippy, I would have a wonderful sight for them as they unjustly entered my home, IF unannounced. Announced or not, I would definitely pursue civil action against the lead officers. But hey, a WARNING SHOT? Why fire a warning shot? I would rather sit at the top of the steps (in the dark) peeping around a corner, and as the “intruders” enter “the fatal funnel” I would order him/them to drop any visible weapons and to hit the deck!!! THAT is when he would have realized they were the police!!! And there would have been NO shot’s fired!!! Back to the “warning shot” where did that round land, in the officer’s vest? OR, in his neighbor’s pillow just beside her head??? Never fire a warning shot, you lose your tactical advantage, the bad guy KNOWS where you’re at now. If I’m going to fire, it’s because I HAVE to. I am all for protecting my loved ones, my property and myself, BUT we need to promote responsible firearm use. NOT firing an indiscriminant warning shot, NOT blindly firing through a door without being fired upon or being IN imminent jeopardy… So, I would “vote” a big fat number 4, both parties should be disciplined. The lead officers should be demoted, and pulled from SWAT, and throw them to desk duty or jailhouse duty for a long, long time!!! And the homeowner, he gets community service at the police firing range!!! Just my two cents!!!
 

imperialism2024

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PROUD American wrote:
Maybe the police did "announce themselves" and the occupants/homeowners didn’t understand English, or maybe they didn’t announce themselves. Either way, in my opinion, the homeowner should be charged with reckless endangerment and aggravated assault. How many of us would blindly fire our weapons through a door without being fired upon first??? But wait, maybe he didn’t fire through the door until they fired rounds at him. Remember the article does say “he fired a warning shot”. Now that would mean the police were returning fire at the “suspect” who did fire first. Yes the police were in the wrong house and they had absolutely no business being there. But, a mistake is a mistake and we ALL make mistakes. Should they be disciplined? Absolutely!!! I would not want a police officer “busting” down my door and unlawfully entering MY house. And you are damn skippy, I would have a wonderful sight for them as they unjustly entered my home, IF unannounced. Announced or not, I would definitely pursue civil action against the lead officers. But hey, a WARNING SHOT? Why fire a warning shot? I would rather sit at the top of the steps (in the dark) peeping around a corner, and as the “intruders” enter “the fatal funnel” I would order him/them to drop any visible weapons and to hit the deck!!! THAT is when he would have realized they were the police!!! And there would have been NO shot’s fired!!! Back to the “warning shot” where did that round land, in the officer’s vest? OR, in his neighbor’s pillow just beside her head??? Never fire a warning shot, you lose your tactical advantage, the bad guy KNOWS where you’re at now. If I’m going to fire, it’s because I HAVE to. I am all for protecting my loved ones, my property and myself, BUT we need to promote responsible firearm use. NOT firing an indiscriminant warning shot, NOT blindly firing through a door without being fired upon or being IN imminent jeopardy… So, I would “vote” a big fat number 4, both parties should be disciplined. The lead officers should be demoted, and pulled from SWAT, and throw them to desk duty or jailhouse duty for a long, long time!!! And the homeowner, he gets community service at the police firing range!!! Just my two cents!!!
Aren't all "warning shots" just shots that we miss?

:lol:

But that's a good point about the warning shots' being negligent.
 

irfner

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Lets see, when was the last time I attended citizen training school to learn how to handle police breaking into my house in the middle of the night? uh never. The police may have yelled "police" before smashing in the door but it was the smashing that woke the man up. Their intent was surprise and they achieved it. This man had a right to protect his home from invaders. It was the cops who were in the wrong place and therefore responsible for any outcome. It doesn't matter why they were wrong. Wrong is wrong. Once they broke into the wrong house they were the criminals whether intentional or not. You ever try to explain to a cop why you accidentally broke the law? Did you tell them accidents happen? The police have a duty to make sure their information is absolutely correct if they are going to kick down doors in the middle of the night. The police seem to be fond of the term criminal neglect and that term comes to mind here. What if they had killed one of those kids. Ourpolice leadershipneeds to get off of this Rambo kick and start using their heads. So whatever action this man took to protect his family he was within his rights.
 

imperialism2024

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irfner wrote:
Lets see, when was the last time I attended citizen training school to learn how to handle police breaking into my house in the middle of the night? uh never. The police may have yelled "police" before smashing in the door but it was the smashing that woke the man up. Their intent was surprise and they achieved it. This man had a right to protect his home from invaders. It was the cops who were in the wrong place and therefore responsible for any outcome. It doesn't matter why they were wrong. Wrong is wrong. Once they broke into the wrong house they were the criminals whether intentional or not. You ever try to explain to a cop why you accidentally broke the law? Did you tell them accidents happen? The police have a duty to make sure their information is absolutely correct if they are going to kick down doors in the middle of the night. The police seem to be fond of the term criminal neglect and that term comes to mind here. What if they had killed one of those kids. Ourpolice leadershipneeds to get off of this Rambo kick and start using their heads. So whatever action this man took to protect his family he was within his rights.

But we're in a WAR! A war on DRUGS, TERRORISM, and other assorted nouns!

At least that's what they say.

Good post. It's a shame we no longer have a right to be left alone in this country...
 

sccrref

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To address several posts with 1 reply. I bet LEO did announce themselves, however as pointed out, it was probably done before they entered, while the occupants were most likely asleep. Who knows if they continued to announce that they were the police. (Probably did not want to give up their tactical advantage.) Also, doubt that the residents would have understood the LEOs if they were awake. I agree that warning shots are not a bright idea, but I would also argue that sitting at the top of the stairs issuing commands to those who enter gives away your tactical advantage just as much as a warning shot. Lastly, does anyone know if MINNESOTA
has Castle Doctrine as a law in the state? I do not advocate shooting through a closed door but then I was not there.
 

TechnoWeenie

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AbNo wrote:
The problem is, there are home invaders nowadays that will yell "POLICE!" while kicking in your door.



EXACTLY.




The argument that I ALWAYS hear about the hershey bar handgun (the guy who got shot because he had a hershey bar the officer 'said' he thought was a gun) and similar circumstances is... 'the officer has to make a split second decision, he only has the information available to him that HE sees and HE knows.


Well, it works both ways, someone is kicking in my front door, I have no reason for the police to be at my door kicking it in, so it MUST be a home invasion robbery with the robbers yelling 'police' so noone fights... YES, I WOULD shoot through a door, as most doors are hollow and will slow the bullet down very little, and at center mass, even standing sideways, a guy would be taking up about half the width of the door, so I have a really good chance at hitting something.
 

Me

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I am somewhat surprised at the poll results. Obviously the information we have doesn't indicate that the homeowner should be charged. But charge the police?? I seriously doubt they deliberately invaded the wrong house. People make mistakes.
 

ijusam

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Me wrote:
I am somewhat surprised at the poll results. Obviously the information we have doesn't indicate that the homeowner should be charged. But charge the police?? I seriously doubt they deliberately invaded the wrong house. People make mistakes.

"The SWAT team's erroneous search was part of an ongoing investigation, the police department said. Police said they had received bad information before executing the search warrant."

As part of an "ongoing investigation" this was not spur of the moment, therefore there should of been plenty of time to verify the information. IMO

as dangerous and intrusive as a no knock, SWAT team approach is, there should always be verification. reliable information in these situations are a must. thank god no one was killed.

I voted to charge the officers only because the choices were too limited.

1. charge the person who provided the bad information.

2. charge the officer(s) that organized the affair without verifying the information.

3. look into the actual circumstances of the "no knock warrant" and how it was presented to the judge to determine if he needs to be removed from his position. he can only act on the information giving to him, as its presented to him.

the actual officers involved in the entry (if not included in the above sections) should not be charged as they were acting on a legal search warrant issued by a judge in the manner approved by law. (I don't agre with it but it is in accordance with the present laws)

these officers should be commended for resolving the incident without killinganyone in the house. It took great restraint on their part not to respond to shots being fired at them (and hitting them) by killing the homeowner.

just MO, YMMV
 
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