All to often we see no-knock warrants being carried out on low level junkies and *possible* distributors. The frequency of these raids has increased the likelihood of targeting the wrong house, or surprising the residents inside. (with negative consequences)
Such a surprise happened to Marvin Louis Guy from Killeen, Texas, who now faces one count of capital murder and 3 more counts of attempted capital murder for killing an officer and wounding 3 others during an unannounced raid at his residence at 5:30 in the morning.
The officers were initially serving a search warrant to seek evidence for drug distribution (of which they found none).
They raided the house of an innocent man (unannounced), and turned around and charged him with murdering those who raided his home.
No-knock warrants should be reserved for the most dangerous of criminals, not handed out for every junkie and *possible* distributor that may be working the corner.
If you woke up in the middle of the night to armed intruders climbing through your window, what would you do?
A warrant just takes away your ability to decline the search of your property by the police. It does not give the police the right to break into your home at any time they want by any means necessary. They should at least be required to identify themselves and show that they had the warrant to let him know they could legally break in if he doesn't let them in. If he knew they were cops, and that they had a warrant to come inside, he most likely would have let them in and not shot at them. He had no way of knowing that they were police or that they had a warrant and had plenty of reason to believe that his home was being invaded and his life was in danger. He had every right to defend himself given the situation. I understand that the element of surprise is important for police to get evidence, but nothing surpasses our citizens' rights.
FYI, in most states, even if you know it's the police, if they don't have a warrant, and they break into your house, you have every legal right to shoot them.
How is he supposed to have known they were police?
Someone enters your home unannounced it is more reasonable to think they are thieves. And if they have guns one can see how one would've felt threatened and responded with deadly force.
Marvin Guy should be acquitted on the grounds of self-defense. He had a reasonable belief that he was being attacked by armed men who threatened his life. He had no reason to think they were the police.
No-knock warrants, where police are ordered to enter homes unannounced, are very dangerous tasks. In this scenario, the police are acting as home invaders, and failure to identify themselves as officers only makes the entry seem more life-threatening to the residents. If police officers do not properly identify themselves as such, then the law has no recourse to prosecute civilians for defending their homes.