Court: Yeah, No One’s Going to Feel They’re Free to Go When Cops are Firing Bullets at Their Door
upstart writes:
Consent can mean a lot of things when you're accosted by cops. Law enforcement officers tend to feel it's always voluntary, even when you're sitting in an interrogation room for what the "good cop" refers to as a "friendly chat" meant to "clear everything up."
Whenever a seizure is challenged, if cops didn't have the requisite reasonable suspicion or probable cause to support the stop, they and their lawyers will almost always claim the stop was consensual and the person now suing or trying to suppress evidence was free to go.
[...] The timeline leading the Fourth Amendment violation is pretty clear. There are recordings of the incident, which alone makes it an anomaly. From those recordings and testimony of all involved, the Sixth Circuit reconstructs the late evening welfare check that devolved into (police) violence.
Officers were sent to the home of Mark and Sherrie Campbell following two hangup calls to 911. The deputies did not activate their emergency lights once on the property but aimed their headlights at the front door. Deputy Fox knocked on the front door but did not state he was a law enforcement officer. Mark Campbell answered and asked the deputy through the closed door if the officer had a gun. This conversation (such as it were...) continued for a few more seconds.
Mark Campbell then told the deputy he "had one too" (referring to gun possession). He then opened the door. Deputy Fox then turned back to the door and fired two shots through it. The other deputy (Christopher Austin) tripped and fell to the ground. Deputy Fox asked if Deputy Austin was OK and then turned and fired six more shots through the front door. All of this occurred within 30 seconds of the officers' arrival.
Read more of this story at SoylentNews.