The Rutherford Institute :: Death at Your Door: Knock-and-Talk Police Tactics Rip a Hole in the Constitution
Posted by Martin C. Fox on March 29, 2017
Then, without announcing that he was a police officer, deputy Richard Sylvester banged loudly and repeatedly on the door of Apartment 114. The racket caused a neighbor to open his door. When questioned by a deputy, the neighbor explained that the motorcycle’s owner did not live in Apartment 114.
This information was not relayed to the police officer stationed at the door.
Understandably alarmed by the aggressive pounding on his door at such a late hour, Andrew Scott retrieved his handgun before opening the door. Upon opening the door, Scott saw a shadowy figure holding a gun outside his door.
Still police failed to identify themselves.
Unnerved by the sight of the gunman, Scott retreated into his apartment only to have Sylvester immediately open fire. Sylvester fired six shots, three of which hit and killed Scott, who had no connection to the motorcycle or any illegal activity.
So who was at fault here?
Was it Andrew Scott, who was prepared to defend himself and his girlfriend against a possible late-night intruder?
Was it the police officers who banged on the wrong door in the middle of the night, failed to identify themselves, and then—without asking any questions or attempting to de-escalate the situation—shot and killed an innocent man?
Was it the courts, which not only ruled that the police had qualified immunity against being sued for Scott’s murder but also concluded that Andrew Scott provoked the confrontation by retrieving a lawfully-owned handgun before opening the door?
Or was it the whole crooked system that’s to blame?
More residue from the ultimate failure that is the drug war.
Be seeing you