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Man Kills Officer During No Knock Search Warrant-Charged With Murder

A man accused in last week's shooting death of a Burleson County sheriff's deputy mistook the officer coming through his front door as an intruder, according to his lawyer.

Henry Goedrich Magee, 28, was charged with capital murder after authorities said he shot Sgt. Adam Sowders as he led an eight-man team into Magee's trailer near Somerville just before 6 a.m. Thursday.

Houston attorney Dick DeGuerin said Magee and his girlfriend, who is five months pregnant with Magee's baby, were asleep in the living room of the trailer home when they were awakened by "explosives" going off near the front windows and loud pounding on the front door.

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http://www.theeagle.com/news/local/article_549b0586-cefc-53a...

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Henry Magee Defense Fund

Looks like someone has defense fund up for him. LOL... maybe we could throw a moneybomb for him... LOL.

http://igg.me/at/henrymagee/x/3031168

https://www.facebook.com/groups/720261987991455/

You live by the sword, you die by the sword.

As much as this death is a result of a collective policy towards drugs that is absolutely insane, it should be pointed out that the enforcement officer chose his line of work. There have been other posters here that have noted that most people who become police officers tend to be low IQ thrill seekers. Well, here's a thrilling experience for you, getting shot dead by a man protecting his family from an intruder that wanted to kidnap him for having a plant.

Can't say I'll shed a bitter tear over this policeman, though I may be very upset if the man who shot him isn't set free.

“My attitude toward progress has passed from antagonism to boredom. I have long ceased to argue with people who prefer Thursday to Wednesday because it is Thursday.” - G.K. Chesterton

Victimless Crime

Unless and until the people of this country begin to stand up and refuse to convict anyone of a victimless crime this will continue.

People also have to first

People also have to first realize that a "victimless crime" is a logical fallacy.

Please come join my forum if you're not a trendy and agree with my points of view.

"lucky" guy. If he had a gold club to protect himself this

could've been him

http://youtu.be/cSfOBPlY2n0
http://youtu.be/pV7u91A3KGQ

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

Who is the criminal here

If the only thing Mr. Magee has done is have some marijuana plants then he has not committed a crime. The police on the other hand have violated the rights of an individual. As long as there is a warrant issued to perform an action then the police are relieved of liability and who ever had the warrant issued becomes the liable party.

4th amendment: No warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The important part of that segment of the 4th amendment is the person who swears the oath or affirmation, they are the liable party for the actions taken under this warrant. Furthermore there are two different types of warrants described here one for seizure of things, and one for seizure of persons. An arrest warrant is the type for seizure of persons, a search warrant is type for the seizure of things. So was it a search warrant or arrest warrant, or it could have served both, but it must specifically be stated. Remember a warrant must be particular according to the 4th amendment. So Mr. Magee may be falsely imprisoned.

Now we consider the probable cause.

Article 6 section 2 of the Constitution states:
This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all the treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding.

What this means is the Constitution has precedence over all laws either of the states and of the United States. If the State of Texas has created any laws with its legislature that is contrary to the Constitution then those laws are notwithstanding, they are inadmissible in a court of law. Furthermore all judges are bound to obey this supremacy clause. So if the law used to validate that warrant was notwithstanding then there was no probable cause, and the judge who signed off on the warrant is guilty of judicial misconduct for violating his judicial obligations stated in the supremacy clause.

So is owning marijuana plants protected by the Constitution and thereby nullifying the state laws against owning marijuana plants?

9th amendment states:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Mr. Magee, being a people of Texas and a People of the United States is afforded all the rights protected by the Constitution, whether they are enumerated or not. So long as Mr. Magee's marijuana plants are not harming anyone else it is entirely plausible that Mr. Magee has the right to own marijuana plants and that is protected by the 9th amendment, any law to the contrary would be construing the 9th amendment in a manor to deny or disparage Mr. Magee of rights and therefor is notwithstanding.

It looks like Mr. Magee may be the victim of a criminal mastermind who employed thugs to subdue him and ransack his home.

I was hoping this day would come

and it has. A man defended himself against criminals entering his house illegally and was shot. Good! This should happen more, then maybe these gangs in blue will start following the constitution. We need to find a way to show support for this man, and donate to his defense.

Well he has to be tried. An officer (in the wrong) died. And a

court trial is entirely appropriate. No doubt the community demands it.

But the suspect had better be found innocent in a very SHORT trial.

I bet a lawsuit is coming too

The the deceased officer probably wasn't the one the swore out the affidavit for the search warrant. He was just doing his job. I know from personal experience that a lot of police agencies have an unwritten policy of always requesting no knock warrants. It's outrageous there would be a no knock on what looks like a less than 4 ounce marijuana case. We are talking SWAT team style raid for a misdemeanor marijuana case? If I were the deceased family, I'd be asking a lot of questions concerning police policy and procedure concerning no knock warrants. They may have an excellent 1983 lawsuit against the agency.

Also, the judge is an idiot for authorizing a no knock warrant for a misdemeanor marijuana case. The way these things are done with more professional police agencies is simple surveillance. The officers simply wait for the home owner to leave the home, pull them over, get the house keys and search. That's the peaceful, commonsense way to do it nowadays.
Michael

From the article...

Sowders applied for the search warrant after consulting with the district attorney's office, according to the original affidavit, which included a request from Sowders to enter the home "without first knocking and announcing the presence and purpose of officers."

The request was made based on information that Magee had weapons inside that, according to an investigator's source, he was not afraid to use, according to the affidavit, which stated he had an aggressive dog, as well.

Christians should not be warmongers! http://www.lewrockwell.com/vance/vance87.html

Cops like to kick doors in.

I was a cab driver back in college and a Westmont cop kicked this guys door to pieces, went through his house, pulled him out of a basement closet, dragged him up the stairs the hard way, and threw him in a squad car for my $3.70 cab fare. I was impressed. The cop said the guy had stiffed another cabbie the week before.

The cops got completely jacked up, like it was the first time they were skydiving.

I don't call cops anymore. They arrest of kill the wrong person, lie under oath, and if you make a stink you have to fear for your life as long as you live in the area.

They are all bad.

"Timid men prefer the calm of despotism to the tempestuous sea of liberty" TJ

Duh

Well Duh, they were so hot to get a no-knock because he had guns...uh maybe they should re-think that one. No-knock + guns = knock off a couple in self defense. Geez do you think there was a reason they developed the 'come out with your hands up' routine?

Furthermore, sending in a no-knock or a swat team for a couple plants...what is the world coming to? Maybe a bank robber, a kidnapper, a serial killer, etc should get the swat treatment but this oinker should have really thought this through.

It's much more then that

You were on the right track though, that's for sure.

http://www.usconstitution.net

(Blue wall of silence)

Cops are notorious for their

Cops are notorious for their low IQ scores. In fact high IQ scores are discouraged by the department. An intelligent person would think too much. Need dumb unthinking drones who can follow orders.

Waay back when..

..Mom worked for a psychiatrist in Kansas that interviewed job applicants for employment as police officers. The shrink told her that NONE of the applicants had the right temperament to be officers. People that pursue that line of work shouldn't be in a position of power.

He said it was a Catch 22. People that would make good officers, don't want to do it.

All cops are bad. Period.

"Timid men prefer the calm of despotism to the tempestuous sea of liberty" TJ

Absolutely. Politicians and

Absolutely. Politicians and cops share the power-hungry trait. Intelligence is what separates the two. Politicians dream bigger. They correctly recognize that more money and power is to had in public office, and they're socially intelligent enough to deceive the unwashed masses to get there.

I love the language of the

I love the language of the open opening paragraph. He mistook the cop for an "intruder." So he wasn't an intruder then?

Inevitable result of no-knock: homicide

It's usually a cop killing a completely innocent person in the wrong house. Maybe that's why cops serve so many no-knocks on the wrong houses--the cowards are afraid of raiding the houses of actual criminals.

If I was on this guy's jury I'd like to send him to jail on a half-dozen incidental crimes but acquit him of this justifiable homicide.

Take back the GOP and Restore America Now.

I wonder why..

Why didn't the other cops shoot the homeowner 40 or 50 times?

I'll bet they didn't like the deceased cop.

"Timid men prefer the calm of despotism to the tempestuous sea of liberty" TJ

After he shot the first one

After he shot the first one the cops probably all ran outside and hid behind some trees. Evidently a surrender was eventually negotiated.

Suicidal cops

It was a puny little trailer, what's wrong with surrounding it and demanding they come out with their hands up? If you have a stand off then you an escalate the force, stun grenades etc. up to and including storming the place. At least the cops would be legally in the clear that he had every chance to give up peacefully.

Instead the cops want to be tough guys and kick down doors and scare sleeping families to death. Any responsible man, having his girlfriend to defend, would have done the same thing. You don't wait until you're both tied up and helpless, at the mercy of a rapist.

Whoever approved this raid killed the officer.

Release the Sandy Hook video.

Law Enforcer vs Peace Officer

Notice that it is mostly someone 'enforcing' the law that is involved in no knock raids and deadly shootings?

If communities demanded a return of Peace Officers, their communities would have a lot more peace and a lot less death.

Gee whiz, what if they tailed

Gee whiz, what if they tailed him leaving his house, approached him in public during broad daylight, put him in the back of a cop car, and transported him back to his house to search it? Might you have kept him from going into full on fight or flight mode? Would have work with David Koresh and the Branch Dividians as well, but if stupid cops want to get themselves killed, more power to them.

Ah but that wouldn't be fun

Ah but that wouldn't be fun and macho enough. Gotta justify all that fun swat gear and put it to good use!

Only one cop got killed?

Only one cop got killed? Magee must not be too skilled with firearms. If 4 or 5 cops got killed every time they did a home invasion, the practice of no knock warrants would come to an end.

Cops could of had coffee and donuts.............

and arrested him when he came out.

That worked before the military equipment arrived.

And minimal damage.

He committed suicide

He knew the guy had guns.

What kind of moron thinks the fact the subject of the arrest warrant has guns makes it smart to bust in without warning?

Well apparently this kind of moron.

Judges need to protect this kind of moron from themselves, and society, by refusing to grant no knock warrants.

And police should stop preferentially hiring morons.

If they just delivered the warrant the normal way, the American way, no one would have been hurt. He's not going to shoot a cop at the door. He might slam the door but then what? Worst case lots of cops and reporters get overtime in a standoff. But that's not likely either.

Ban the use

of no-knock warrants. They are unconstitutional and extremely dangerous for both citizens and law enforcement.

perfect

jury nullification case.

Jury Nullification is a power of the last resort against tyranny.

That's BS

Why didn't officers knock?

I've seen those tv shows, you know, sneaking up to the house then the quick yell and knock: "Police, Search Warrant!" followed immediately by battering ram to the door often followed by more yells of "Police!".

All you need is that yell and they didn't do that? You can't bust into someone's home, especially in the dark, and not expect to get shot which would be justifiable SELF-DEFENSE.