Jose Guerena Affidavit Released

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  • 88GT

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    #1 lawful presence.

    With all due respect, you have never admitted in so many words, that I can recall (and I will gladly retract this statement if you can show me otherwise) anyway, where you feel an unlawful presence is acceptable circumstances for a homeowner to defend himself. But perhaps more importantly, I believe based on your posting history that you don't think there is ever an unlawful entry if the purpose of the entry wasn't explicitly criminal in nature. And even then, if the perps made some asinine claim about being on police business in the first place, you'd probably accept that as gospel truth.
     

    Keyser Soze

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    With all due respect, you have never admitted in so many words, that I can recall (and I will gladly retract this statement if you can show me otherwise) anyway, where you feel an unlawful presence is acceptable circumstances for a homeowner to defend himself. But perhaps more importantly, I believe based on your posting history that you don't think there is ever an unlawful entry if the purpose of the entry wasn't explicitly criminal in nature. And even then, if the perps made some asinine claim about being on police business in the first place, you'd probably accept that as gospel truth.

    An entry without a warrant or consent is unlawful. An unlawful presence should be handled in court. In a case of mistaken identity, wrong address, ect. The officers entering believe they are in fact in the right house. They will react accordingly. Thats why I think such cases should be handled in court. Stay alive and sue the police department.
     

    Keyser Soze

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    I'll just use your own words. Argue with yourself for a while.

    Yea ignore all the other post before that...Whats interesting...im not arguing with anyone. I'm watching the season season finale of Grey's waiting on my uniform to dry...Can't believe christina is pregnant.
     

    bobzilla

    Mod in training (in my own mind)
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    Brownswhitanon.
    I'm sorry. I can't swim, and the **** is getting so deep in here I'm likely to drown in it. So unless someone has a lifeboat or a lifejacket to help me stay afloat in this sea of bull****, I'm going to have to wade to shore.
     

    lashicoN

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    Yea ignore all the other post before that...Whats interesting...im not arguing with anyone. I'm watching the season season finale of Grey's waiting on my uniform to dry...Can't believe christina is pregnant.

    I'm just borrowing a page from your book. You can't say "Who needs law." Then turn around and throw the term "lawful presence" out there a few minutes later. lol.
     

    KG1

    Forgotten Man
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    Yea ignore all the other post before that...Whats interesting...im not arguing with anyone. I'm watching the season season finale of Grey's waiting on my uniform to dry...Can't believe christina is pregnant.
    Your avatar photo really is you isn't it? Wearing your uniform too no doubt.
     

    88GT

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    An entry without a warrant or consent is unlawful. An unlawful presence should be handled in court. In a case of mistaken identity, wrong address, ect. The officers entering believe they are in fact in the right house. They will react accordingly. Thats why I think such cases should be handled in court. Stay alive and sue the police department.

    To what end? Unlawful entry alone is pretty much going to guarantee a dead homeowner one way or the other. Either they kill him because he chose to defend himself or they kill him to eliminate the witness.

    i'm putting you on the spot: My home is being invaded by parties whose identity I cannot ascertain. They have breached my door and are moving about in my home. My only chance to identify them is a visual confirmation. If I take your firearm with me and they are LEO, I will be shot at on sight and in all likelihood killed. If I leave it behind and they are non-LEO criminals, I will be left defenseless. In this scenario, I will not know the identity of the invaders until after I am forced to make a choice to engage with or without my firearm. What do I do? What would you do?

    Please, for once, show a little bit integrity and just answer the question. Don't tell me you've got surveillance cameras to figure it out beforehand so you'd never have to face this dilemma. Don't tell me you haven't done anything wrong so you'd never have to face this dilemma. The average American citizen doesn't have cameras and this is exactly what they would be faced with. The average American citizen hasn't done anything wrong and circumstances would lead them to assume that the chances of being invaded by LE are so slim, the only logical conclusion they can draw from a home invasion is that it non-LEO criminals

    Should I have to take my chances with real bad guys because you're telling me I shouldn't risk an armed encounter with LE who shouldn't be in my home in the first place?
     

    Bunnykid68

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    Mar 2, 2010
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    Cave of Caerbannog
    #1 lawful presence if a leo is lawfully in your home and you point a weapon at said leo and you get shot it will be justified.
    LEO has no lawful reason whatsoever to be in my house. You enter my home at my discretion. When I decide it is relevant to point a weapon at someone they are just seconds away from becoming a mess I have to clean up. You think you need to arrest me for whatever reason, call me me I will come out peacefully. Enter my home and threaten my family at your own risk, becasue anyone entering my home by force is not there to play by any good set of rules.
     

    Bunnykid68

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    Mar 2, 2010
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    Cave of Caerbannog
    . The average American citizen hasn't done anything wrong and circumstances would lead them to assume that the chances of being invaded by LE are so slim, the only logical conclusion they can draw from a home invasion is that it non-LEO criminals

    ?

    Just like a hotel swimming pool, enter at your own risk and the pool is closed after 9:00 P.M.
     

    88GT

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    Mar 29, 2010
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    LEO has no lawful reason whatsoever to be in my house. You enter my home at my discretion. When I decide it is relevant to point a weapon at someone they are just seconds away from becoming a mess I have to clean up. You think you need to arrest me for whatever reason, call me me I will come out peacefully. Enter my home and threaten my family at your own risk, becasue anyone entering my home by force is not there to play by any good set of rules.

    Sadly, this is becoming more a universal fact than a simple characterization.

    The tendency for LE to blur the lines between the no-knock entry and the barely-meet-the-requirement for a knock-and-announce is largely the problem.

    "Well, we knocked and announced. No, we didn't actually give him any time to come to the door peacefully and compliant like. We just assumed everybody we have to serve a warrant on is going to come at us with guns blazing. And our primary duty is to ourselves to go home at night. Why would I bother giving anybody the chance to come to the door all peaceful-like? What good would that do?"

    ETA: Oh, yeah, consider this rep too. I've reached my daily maximum.
     

    Keyser Soze

    Shooter
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    Dec 29, 2010
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    To what end? Unlawful entry alone is pretty much going to guarantee a dead homeowner one way or the other. Either they kill him because he chose to defend himself or they kill him to eliminate the witness.

    i'm putting you on the spot: My home is being invaded by parties whose identity I cannot ascertain. They have breached my door and are moving about in my home. My only chance to identify them is a visual confirmation. If I take your firearm with me and they are LEO, I will be shot at on sight and in all likelihood killed. If I leave it behind and they are non-LEO criminals, I will be left defenseless. In this scenario, I will not know the identity of the invaders until after I am forced to make a choice to engage with or without my firearm. What do I do? What would you do?

    Please, for once, show a little bit integrity and just answer the question. Don't tell me you've got surveillance cameras to figure it out beforehand so you'd never have to face this dilemma. Don't tell me you haven't done anything wrong so you'd never have to face this dilemma. The average American citizen doesn't have cameras and this is exactly what they would be faced with. The average American citizen hasn't done anything wrong and circumstances would lead them to assume that the chances of being invaded by LE are so slim, the only logical conclusion they can draw from a home invasion is that it non-LEO criminals

    Should I have to take my chances with real bad guys because you're telling me I shouldn't risk an armed encounter with LE who shouldn't be in my home in the first place?

    Dude I cant respond to that....Your first sentence tells me anything I say will be wrong. Seriously
     

    88GT

    Grandmaster
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    0   0   0
    Mar 29, 2010
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    Dude I cant respond to that....Your first sentence tells me anything I say will be wrong. Seriously

    I knew you were a coward.

    ETA: You can't answer a simple question. There is no right or wrong answer on this. That's why it's so damn depressing. The homeowner is ****ed one way or the other. I just want to know which poison you think he should pick.

    You're a troll. I hope the mods realize this soon enough.
     
    Last edited:

    Keyser Soze

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    Dec 29, 2010
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    I knew you were a coward.

    ETA: You can't answer a simple question. There is no right or wrong answer on this. That's why it's so damn depressing. The homeowner is ****ed one way or the other. I just want to know which poison you think he should pick.

    You're a troll. I hope the mods realize this soon enough.

    Speaking of mods quit calling me names like troll, coward......I dont know how much more of this I can take.

    ETA you cant ask a simple question. Your first sentence answers your own question. Thats why is so depressing. Your trying to debate me into an argument I can't wind because your logic is twisted.
    "Either they kill him because he chose to defend himself or they kill him to eliminate the witness"
     
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