'19Sport6Man
Senior Member
- First Name
- Joe
- Joined
- Sep 13, 2020
- Threads
- 3
- Messages
- 97
- Reaction score
- 65
- Location
- US of A
- Vehicle(s)
- 2019 Honda Civic Sport, 2013 Mazda MX-5 Grand Touring
I'm not a lawyer, nor do I play one on TV.I think you might have some misconceptions about qualified immunity. That only means a cop can't be named individually in a civil suit for actions they took in the line of duty.
If Officer Smith gives you CPR, saving your life even, and breaks your rib, you can't sue him for breaking your rib. It's the same thing that applies to EMS, firefighters, etc. It doesn't mean Officer Smith can't be held criminally liable for breaking the law in the line of duty, including things like involuntary manslaughter (negligence) or voluntary manslaughter (intent), or that his department can't be sued civilly.
It's not qualified immunity protecting the cops in this situation. It's the fact they were legally cleared to conduct a no-knock + forced entry warrant, and that they were legally justified to return fire in self-defense in the execution of that warrant.
The gist of what I am saying remains clear.
My understanding of qualified immunity is the reason that cops are treated differently than every other citizen in the same situation. Your pivot to Good Samaritan type of immunity notwithstanding, I am talking about the much lower threshold that police have for using deadly force, without being held responsible, either criminally or civilly.
THIS is what has to be addressed, IMO, in order to quickly stop police from using military tactics on citizens - with specific regard to late night no-knock or quick-knock-before-busting-the-door-down type of raids.
I certainly understand the points about legislating this behavior away, but in the real world, holding the man with the battering ram responsible will go a long way towards limiting the situations these tactics are used in.
It is the ULTIMATE check and balance.
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