July 31, 2017

NO-KNOCK RAIDS SHOULD BE BANNED EXCEPT IN CASES OF IMMINENT THREAT TO LIFE: Police raid the wrong home? If the innocent homeowner is lawfully armed, he could end up dead.

I’d ban “qualified immunity” — a creature of judicial activism with no basis in the Constitution — entirely. But short of that, it should never be available when police have failed to knock, announce themselves, and wait for the homeowner to answer the door.

And in the case of anyone who breaks down your door — whether in a police uniform or not — the presumption should be that you did the right thing by shooting them. Door-breakers should bear that risk. Likewise, if they shoot someone in the house, the presumption should be that they acted improperly.

Homeowners whose doors are broken down without good reason should be able to proceed against the assets of the law enforcement agency involved. Why should forefeiture only work in one direction?