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No Knock Raids Extremely Dangerous For Police

SOMERVILLE, TX— Last December, Henry Goedrich Magee was sleeping peacefully with his pregnant girlfriend when authorities entered his home in a “no-knock” raid around 6 a.m. With no warning, or search warrant, police swarmed Magee’s home searching for marijuana and guns. Magee believed the police were thieves and reached for his gun, which he legally owned. He opened fire and shot Sgt. Adam Sowders, who died at the scene.

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The raid turned up a small number of marijuana plants and seedlings, as well as Magee’s legal guns.

A grand jury decided on Wednesday that the incident could have happened to any homeowner in a similar situation, and declined to indict Magee for capital murder. “He did what a lot of people would have done,” said Magee’s attorney Dick DeGuerin. ‘He defended himself and his girlfriend and his home.’ Magee was indicted for possession of marijuana while in possession of a deadly weapon, which is a third degree felony.

This case breaks new ground in Texas. Magee’s attorney, who has been practicing law for many years, couldn’t recall an incident where a grand jury refused to charge a defendant in the death of an officer.

DeGuerin said sheriff’s deputies did not knock on the door or announce who they were when they entered the home, but Julie Renken, the district attorney for Burleson County, disagrees.

“I believe the evidence…shows that an announcement was made,” Renken said. “However, there is not enough evidence that Mr. Magee knew that day that Peace Officers were entering his home.” The police weren’t wearing body cameras during the raid.

Magee is still in custody for his marijuana possession charge, but will soon be released on bond.

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  • picnicfun

    Unfortunate for the officer. A right verdict for the defendant. Why was a no-knock raid necessary? What was the problem coming in late in the morning with a “knock”, presenting a warrant, and proceeding as normal. This tactic was wrong and exposed everyone to needless danger.

    • Carrie Galluzzo-Seat

      To many police agencies today have turned into american terrorist they need to realize what side of the law they should be on (the right side or obamas socialist side )and who pays them..The raid that just happened Anarchy Iowa was a bunch of terrorist busting into a home for nothing.. they have busted into to many wrong homes

      • Daniel

        Just reading the name ‘Obama’ turns my stomach, but let’s give credit where credit is due. It is mostly the Republicans who support the so-called Drug War and want marijuana to remain illegal.

        • daking1

          Democratos or Republicanos there both crime families were all just to dumb to believe it .
          I was raised dem went rep during 1st six years of bush after he kiss their A*s on the drug bill never again. I am libertarian tea party

      • daking1

        Cops are basically good people but what they forget is that they have a duty to question what they are doing. are they violating the constitution do they even know the constitution. I don’t mean what it says what it means. How it acknowledges human nature and power and how it seeks to limit power. Not weather a judge has given it blessing or not. Are they violating the spirit of the constitution.

    • SAM ADAMS

      LEO’s are figuring out that not following the constitution has deadly consequences !

    • Chris

      In the first paragraph it states they had no warrant, which makes the whole raid illegal.

      “With no warning, or search warrant, police swarmed Magee’s home searching for marijuana and guns.”

      If the “no warrant” part is correct, his lawyer will probably get him off any of the other charges since the evidence was seized illegally.

      • Worship Dancer

        makes me wonder then why his attorney did NOT get him off on the marijuana charges

        • lraivala

          That will be coming, the DA has the option at this time to dismiss or proceed. And you can bet they will try and proceed to save face but, they will not prevail. Warrant is always needed and these bust in the door raids are stupid. If they are doing something illegal then get a warrant and proceed like you normally would proceed with that warrant.

          • Richard Winchester

            The DA will try a plea bargain Magee’s answer should be “Stuff it!”

        • justin

          i live in somerville tx and it was not a search warrantless raid but it was a no knock raid it happend down the road from me

          • Kerry Schultz

            It says in the article that they had no warrant.

          • daking1

            doesnt matter thats bullshit if they act like criminals in the name of the law it worse.
            I believe cops for the most part are good people but we give them to much power.
            they should anounce them selves always and constantly. Look what happened in detriot in the case of the wrong house in a duplex a 7 year old girl was killed shot in the head.
            In six seconds. I don’t care what evidence might be destroyed, I don’t care if it doesnt happen much. (40 since 1981) 1 innocent life is not worth this much less 40

        • Kerry Schultz

          He will

          • justin

            eh it still a lie used to rial up the public and get people on this page, the no knock raid should be enough to dismiss the case dont need to throw in lies about no searchwarrant. i knew the officer that died personally he would never search a house without a warrant its not the way he did things

          • tinnerjim

            Maybe he should have let one of the other shiny badge thugs go in first…

          • daking1

            I am sorry for you friends death but its simple common sense the police should not use this method it dangerous for the police and for innocent people check the case of the 7yrold shot in Detroit on one of these.

        • daking1

          yup fruit of the poison tree

      • Kirk

        They had a “no knock” warrant. This was on another news site.

        Sgt. Sowders obtained a “no-knock” warrant from the county judge on the grounds that an announced entry could rattle a guard dog or would give Magee time to destroy evidence, and would ultimately be “dangerous, futile, or would inhibit the effective investigation.”

        • Jack Hammer

          It was dangerous. For the cops.

        • daking1

          Was it Worth it Look what happened in detriot in the case of the wrong house in a duplex a 7 year old girl was killed shot in the head. In six seconds. I don’t care what evidence might be destroyed, I don’t care if it doesnt happen much. (40 since 1981) 1 innocent life is not
          worth this much less 40 And effective investigation this is not a war zone this is not the middle east or afganistan. this is america what about the danger you put yourselves and the rest of us in. P.S I have a 7 yr old stop being a cop for second and think if that was your family.

          • Kirk

            I wasn’t condoning anything, I was clarifying that they had a warrant (Chris said they didn’t.) Being in law enforcement myself I would NEVER serve a no-knock warrant, and as a civilian if someone kicked my door in they would face a hail of bullets no matter who it was. Try reading the post the comment was related to before you rip on someone.

          • daking1

            Officer Kirk, I am sorry if I miss read this when I saw the post it was under this story, too me it looked like you were defending as many do as I have personally seen here in Albuquerque. Many good officers tarnish themselves when they lie or do not offer the truth to protect fellow officers or bad policies of departments. As an officer of the Law you have a great amount of power, but with it comes much responsibility. Please be safe and remember we the public needs to trust our police not fear them.

      • Charlee B

        If no warrant, wasn’t it a crime for them to break into this house? I would like to see the fellow officers charged with the murder just as in any other burglary.

        • Nicole Lynn Spengler

          Right… like that will happen. I am shocked that they let the guy off. Step in the right direction I suppose.

      • Brad Day

        They had a warrant

        • Billy Burger

          Sure they did. My ass. Ive seen cops bust into homes without warrants before.

    • Iceberg86300

      Why? Because they probably couldn’t get a warrant. Illegal guns along with some pot, they either thought they would get away with it, or worse killed the guy and anything could be said.

      Really feel bad for the officers family, not so much for whomever gave the order. A no knock is usually a spur of the moment we need to go in now because lives can be lost if we don’t kind of thing.

      Hopefully a FAIR (unbiased either way) and thorough investigation into what lead up to this situation will reveal answers. I know if I was a cop in that department I’d be too sick everytime actions like this were to be taken unless I’m the one with the facts that put it in motion. Because you said it, it creates undue risk for the officers. A no knock warrant is a totally different animal though, where a surprise raid lessens the risk to officers.

      • Frank Castle

        uh, the guns WERE LEGAL…..

        • Iceberg86300

          Yes they were, but the police entered under the pretense that illegal firearms and drugs were in the house. Sorry if I caused confusion.

          Correction, I assumed the pretense of illegal firearms, article just references firearms. Not a big jump though, why go looking for legal firearms?

          • Ohmyheaven

            May I say the disgruntled reporter that called in the complaint originally should be charged?
            Filling false reports is a crime and if they do not have to answer to calling in a false report we will continue to see this kind of thing happen. Again & again & again…..

          • Iceberg86300

            Freaking Absolutely!! Tack on involuntary manslaughter as well.

          • tinnerjim

            ask the thugs in New Orleans…or Boston…and many other “emergency cases” they have deemed.

          • daking1

            Your New York logo says it all your from back east where you all have given up your rights already.

          • Iceberg86300

            Just saw that you replied. I wish I could reply to all of you at the same time. Rereading my original comment I noticed that I left out some HUGE. I’ll edit it in a bit, being sure to note that all replies were made before the edit. Unfortunately the story seems to have gone missing so I can’t reference it.

            The mistake I made was leaving out “no warrant” in my statement: “A no knock (this is where “no warrant” should be added) is usually a spur of the moment we need to go in now because lives can be lost if we don’t kind of thing.”

            Something else I left out is the line “This is in general, and has nothing to do with the case at hand, with the exception that this description could never apply to the current circumstances.” I thought this detail would be apparent to even a 1st grader after the first paragraph.

            I’M ON EVERYONE’S SIDE HERE!! A couple firearms, who’s legality and even existence are questionable, DO NOT pose an imminent threat to public, and the fact that this came in as tip means there absolutely no reason to enter that house w/o a warrant.

            Oh, and I grew up in New England during the first 8 years of my existence and none of them were spent anywhere near NYS let alone NY, NY. So take your prejudice gained from sports avatar and shove it! You couldn’t pay me to live in N.Y.

        • Pat Lanier

          I’m confused as to what constitutes ILLEGAL guns in this country. I’m sure the 2nd Amendment comes into play here somewhere.

      • Pelagian

        If this is the same case I think it is, the officer who was killed was the officer who ordered it. Karma.

      • GriffonClaw

        Gun was Legal!!

      • Pat m

        I don’t have any sympathy for the cop at all – he broke his oath and invaded someone’s home illegally. There have actually been numerous supreme court rulings in favor of this kind of verdict.

      • daking1

        “a spur of the moment” that’s ancient history the police forces have become to militarized and lets face it they love to pull out the toys like they are raiding bin laden.

    • Wayne Neva

      I agree. The whole situation could have been avoided.

    • A no-knock raid was necessary because the person was suspected of having certain *plants* in his house. Do we even want a police force who has this power, to enter people’s homes at night, without warning, searching for PLANTS? I know very few would support such a police force if they had competition with a private security firm who would never waste manpower on seeking out plants and plant possessors.

      • Thomas Kritzer

        If you gave a corporation the power to seize every asset owned by a person in possession of these plants, then every house in America would be raided every single day. Is the government corrupt and wasteful? yes. Are corporations greedy, heartless, and brutally efficient? Yes. the real culprit is the seizure of property laws that allow law enforcement agencies to fund themselves by performing these raids. And yes it is stupid to make a plant illegal and still call ourselves the land of the free.

        • Companies have to get their money through persuading customers to pay them, meaning they have to give more than they receive or they get nothing. Since nobody would finance a security company to patrol neighborhoods and randomly break into houses to check for plants, such behavior would be deselected in a free market. Think of the free market as natural selection/evolution, and think of government monopoly services as a dictator’s whims. It is only because the government can use violence to finance their police service that we have these types of wasteful and unpopular police policies. End the monopoly by replacing police with security firms to police neighborhoods, and then the firms would both be liable against theft/damage to one’s property (contrast to how police don’t pay you back your tax money if you get shot or robbed), and provide competition which increases quality and price for customers.

      • daking1

        so if it was Colorado it would have been legal plants and no raid and everyone is alive. The gov gets taxes from those who choose to ruin their own life

    • Greg smith

      This is why marijuana should be legal at a national level. This whole ordeal would have never taken place. Its weed. Not heroin or crack. Mari fucking juana

      • daking1

        No its a states rights issue if you want your weed move to Colorado or Oregon or change it through the corrupt system

  • Tyler

    The term Peace Officer always amuses me.

    • CMJO

      The Hunger Games! It’s happening! haha. Actually, the writer does try to allude to what could happen to America if we don’t change, as well as pulling things and making parallels with Ancient Rome. It’s extremely fascinating when you go into it looking at those things. Her goal was to hopefully wake some of the younger generation up.

      • Keith Against Tyranny

        Rome fell due to decadence or better understood as the decay of society. We have decayed beyond a reasonable point, we no longer hold those in power up to the standards that need to be met, we as a society are also in decay, we cherish material things way too much. We need to all become better citizens, and we need to get rid of putrid parties that pit American against American.
        If by blindly following your party and living in a closed mindset due to your party, then that is also decay. We need to be a people who question why our government is doing the things it is doing.
        We need to get back to our core values as Americans, vote for your country, not your party.

    • Richard Winchester

      There will be peace when they kill off the rest of us.

  • Kevin Genteman

    Good! Jury Nullification. You have every right to vote not guilty even if there was a clear crime committed if that law violates natural law or even your conscience.

    There was no warrant or even a reason for them to bust down his door. This is a violation of his rights and the police officer was compliant in the violation. It sucks to be the one just taking orders. But the police need to be demilitarized.

    • Pearberr

      This wasn’t jury nullification.

    • That’s not jury nullification. That would be if he’d committed a crime; the evidence did not support such a verdict.

    • Phydeux

      You need to learn what jury nullification is. Its not just a catchphrase.

      This case won’t even reach the jury in all likelihood. The plants will be determined to be fruit of the poison tree and thrown out.

    • slamradio

      ‘grand’ jury nullification, close enough, glad they got it right

  • d3z

    Again, we are talking about a very non lethal drug that was gone way overboard on taking him down. Illegal in TX yes he did break the law but we are talking weed here no a meth lab.

  • Kerry Schultz

    The sad part of all of this is the fact that in Texas he will get Life in Prison for the Marijuana and being in Possession of a gun that he was legally allowed to have,

    • GriffonClaw

      illegal search and seizure. Should be totally tossed, since they could not enter without breaking the law, anything found during their illegal raid should be thrown out.

  • Mister E

    Nice to see justice being served in part. The problem is, since they couldn’t get him on the death of the “peace officer” (LOL), they’ll get him on charges that should’ve been thrown out immediately, since they had no warrant to enter the home. Hence, any evidence they obtained illegally obtained and therefore inadmissible.

    Yet, this is the “just us” system.

  • Jeffrey Olah

    he shouldn’t be charged for the marijuana since it was illegally obtained by the officers

    • Phydeux

      He can be charged for whatever the DA will allow. But it won’t hold water in court.

      • Frank Castle

        Then the DA needs to be removed too, for ACTING ILLEGALLY

        • Non of your business

          In the state of Washington charging him would fall under Malicious Prosecution, and would be a felony in this case since they are charging him with a felony, I don’t know about Texas, but there’s probably civil penalties for it there at least.

      • Worship Dancer

        apparently it WAS allowed in court because he’s still in custody.

        • lraivala

          Like he said. the DA can proceed with any charge he wants but making it stick is a far bigger issue. Just wait and see he will be let off.

        • Phydeux

          You need to learn about court procedure. He’s been arraigned and indicted only. They have yet to go through the discovery phase where evidence is produced and ruled upon. And until the judge makes a ruling on the evidence and whether all the remaining evidence is enough to proceed to trial with, he remains under indictment.

          Should the judge rule that the evidence their case is based upon was discovered illegally, THEN and only then does the indictment go away.

          • Worship Dancer

            “Magee is still in custody for his marijuana possession charge, but will soon be released on bond.” but he is STILL IN JAIL. the longer he is in jail the less likely he will keep his job – assuming of course he has one.

          • Phydeux

            What’s that got to do with anything? Your employment status is of little concern to the police when they arrest you, justifiably or not.

          • John Carl Toth

            Posted by Faith Braverman • 09 Feb 2014

            I am sure based on the date above for the article, he is out by now.

  • John Ash

    Marijuana kills another person! Proof positive that we must keep on kicking down doors of these illegal bastards wherever they might be and bring them to the justice they so deserve for causing all this death and destruction.

  • sbozich

    How can you be charged based on evidence collected without a warrant?

    • Libertarian

      Don’t ask me but I know that this is fact. They can raid you house and have no reason to raid it but if they uncover illegal activity they can still charge you for it. It’s more than a bit bogus if you ask me and this law is in affect in the whole nation.

      • Devin G

        The evidence isn’t admissible. Mapp v. Ohio (1961) selectively incorporates the Fourth Amendment and disallows States from prosecuting citizens with evidence obtained without a search warrant being granted. So what’s going on is unconstitutional, but the defendant would have to appeal to a higher court to throw out the case due to it being unconstitutional.

        • lraivala

          The case will be thrown out, just wait. The DA is just dragging his feet to try and save face for the police departments stupidity.

        • Libertarian

          I’m not trying to argue that this behavior is constitutional, only that this does happen. Most people are like “screwem they are criminals” so it’s been getting worse.

          Prisons should never be for profit. It promotes a heavy hand.

          • Keith Against Tyranny

            Prisons are made to be a punishment, not a daycare. We need some heavier hands in the dealing with criminals. The current system only works for the betterment of the criminal. The criminals are not afraid to go to prison, it provides a better education to them, they are not afraid of being caught. So how do we need to ease up on them?

          • Libertarian

            There is no way that prison betters any criminal. You are assuming that every person in prison is there for three meals and a cot and quiet frankly that is just not the case.

            I’m not going to try and figure out if prisons provide better education (I would guess they don’t) but prisoners were better served with vocational programs that provided them real world skills. By that I don’t mean vocational programs they can’t use like making clothes for the US Gov for pennies on the dollar.

            I have to wonder. Do you know what you are talking about?

          • Keith Against Tyranny

            The criminals teach each other how to commit crimes better.

          • Libertarian

            Actually they promote them to commit worse crimes not better ones. After all they did get caught right? 😉

        • Humberto Amador

          No longer the case. Supreme Court ruled last year that evidence obtained illegally that does in fact prove guilt beyond a reasonable guilt is still admissible, just the officers involved in obtaining would face sanctions from the court, from verbal reprimand, fines and up to termination and possible jail time.

          • John Carl Toth

            Your source? Mapp v. Ohio (1961) AND the 4th amendment of the US Constitution, disagree with what you just said Humberto.

      • Worship Dancer

        and it violates the 4th amendment of the US Constitution.

        • Libertarian

          Yea it does but it still happens.

        • Jim Burgess

          But the Patriot Act allows this type of behavior from police forces… wake up, the Constitution has been under attack ever since 9/11

    • Worship Dancer

      no clue – sounds like a violation of the 4th Amendment – illegal search and seizure – to me.

    • Thomas Kritzer

      You can’t. BUT the police can still seize all of your goods and assets. These are for profit raids going on here. They seize and sell anything taken in a drug related crime and the thing is, it doesn’t matter whether or not they get a conviction. They have already sold your house and car, then pocketed the money after buying some new toys with part of it.

  • Mark7Seven

    I don’t think charges should be filed against the guy for the possession of either the gun or the agriculture. Both were “discovered” during a warrant-less entry into a private home. IF there were a warrant for these items in hand, then I’d be fine with is, but there was none. Sounds like they just want to trump up unconstitutional charges because the LEO died. Sad all around, but when you don’t follow the rules, sad things sometimes happen.

    • Patrick Kilroy

      And it’s a great point. Because they weren’t offered entrance into his house, they violated his Constitutional rights. Even if you claim “plain sight” as will be the case, the lack of a warrant means that everything was seized illegally, and the charges have no basis. His attorney looks competent and will probably get it all dismissed with prejudice.

      • Phydeux

        The bar for dismissal with prejudice is set pretty high, especially in Texas where they tend to favor the lawmen.

        • Patrick Kilroy

          There is no conceivable way to have an of this admitted into evidence when a Constitutional issue is brought up. No judge will allow it to stand if they are competent.

      • Humberto Amador

        Supreme Court ruled last year that evidence obtained illegally that proves guilt beyond a reasonable doubt is admissible, just the officers involved in obtaining it would be sanctioned by the courts.

  • Justin Theriault

    How is it legal to search without a warrant?

    • Phydeux

      Its not, unless there are exigent circumstances like the expectation someone is going to come to immediate harm unless they enter the premises.

  • Greg Tekautz

    It is so sad that those in law enforcement do not know and understand
    that the oath they took to be a cop has meaning, especially to those who
    the Constitution belongs too, WE, THE PEOPLE. Instead, they mindlessly
    obey orders given to them by their superiors that go contrary to that
    oath, and either murder, and get away with it under the guise of “doing
    their job”, or get themselves killed.

    • RazzleBedazzle

      around here, you can’t be a cop if you score too high on the aptitude (IQ) test, they don’t want anybody ‘accidentally thinking’ for themselves…totally screwed up

  • EverTheGreen

    A no-knock for pot makes no sense. Tells you just how much fascism Texas residents are willing to put up with.

    • Dave

      Texans weren’t willing to put up with fascism at all, he shot the fascist and Texans vindicated him.

  • Kyle Mohr

    “Peace officer” has always confused me as a title. What part of this was peaceful, or even about keeping the peace? He was not firing his gun wildly into the street, nor was he chasing people down and forcing marijuana into their lungs. He was minding his own business and not harming anyone. These were not peace officers.

    • Gregg Braddoch

      LOL, more irony: These “Peace Officers” were raiding the house to take plants that make people peaceful away because they are ‘illegal’.

  • Downeasta3111

    Sounds like the DA is just trying to make some sort of charge stick. Without the valid warrant I’m not sure the 3rd degree felony charges will hold up.

  • tc464

    If I was Mr. Magee I would do my sentence and then get the hell out of that town. You know the “peace officers” will be looking to protect and serve the crap out of him.

    • flintlock1949

      An excellent point. If Magee gets off with little more than a fine, there are lonely roads and dark nights – and he did kill one of their buddies!

  • Carrie Galluzzo-Seat

    why is he being charged for the pot when the police ILLEGALLY entered his home??????

    • Phydeux

      That’s why they were conducting the raid. There must have been intelligence telling them the drugs would be there. The fact that he was justified in protecting his family from unknown invaders is secondary to that. Had the cops identified themselves, the whole thing would be different and the charges would still be there.

      On second reading though, the drugs will probably be argued out of evidence because the cops didn’t have a warrant and no exigent circumstances that would permit them to enter unannounced.

      • bones327

        that is correct, sir. no warrant, no exigent circumstances, no entry. no illegal entry, no illegal discovery of contraband. there is still a 4th Amend to the US Const. Mapp v. Ohio, Wong Sun v. Arizona.

      • Frank Castle

        “intelligence”??? You mean a doper street rat?? How about cops doing THEIR OWN WORK.. you know STAKE OUTS.. and VERIFYING??

        • Phydeux

          Who says they didn’t? Were you there to know what their means of intelligence gathering was?

  • Love-UR-Country

    people from Texas like their freedom.

  • Dave

    They are NOT ‘peace’ officers! You CANNOT equate peace with forcibly entering a mans home, guns drawn, violating our constitution by not having a warrant over a plant!

  • With no warrant they did this?

  • Angela Cavanaugh

    the right decision was made they entered the home illegally and paid the ultimate price for it….now the person that needs to be indicted it the officer in charge at the time of the raid

  • imarriedanaxemurderer

    So marijuana isn’t prosecuted, eh Bill O’Reilly? He needs to get his head out of the sand…this is why I stopped taping him and now TiVo Megan.

    • W Richard Lobell

      sand is not where his head is

  • RavviOli

    I wonder if the LEO’s get the picture. No knock and you could be gone.

  • Dennis Boylon

    Peace officers? Really? Are you f…ing kidding me?

  • Mohamiss Shafique – Kaddir

    Knock , Knock .
    Who’s there ?
    LEO
    LEO who ?
    BANG !

  • Kim

    I guess you are not allowed to post a link to other news sources here. Interesting… However, “The grand jury did indict Magee for possession of marijuana while in possession of a deadly weapon, a third-degree felony.” So he is being charge with having a legal weapon and plants in his home.

  • devius1

    hhhhhmmm sounds like gestapo tactics to me, last i checked u cant forcefully enter a persons house with out a valid warrant or direct evidence of a crime in progress. One more example of our becoming a police state, your constitutional rights mean crap when compared to the convenience of officers making a case.

  • Brodie Costigan

    POINTS FOR THE HOME TEAM!!!!!!!!! TOUCHDOWN!!!!!!!!!

  • Subtle_Hustle

    The most amazing part of this story is that this man is still alive.

  • manikajo

    Bust in my house and the same thing will happen.

  • Jake Hobart

    Sucks but thats what should happen when police break into people homes unannounced. Especially over some pot plants. Its not like this guy was a serial killer or bomb maker.

  • jb80538

    They should drop the pot/weapons charge too!

  • John Smith

    An important lesson that LEOs should apply a little common sense when conducting these types of operations…whether they are legally required to or not. Even someone who isn’t a criminal is going to shoot first and ask questions later when someone is kicking their door down in the middle of the night without announcing they are police.

    • W Richard Lobell

      even if they announce, is it credible? criminals can also SAY they are police.

      • John Smith

        True, but at least police are making an attempt to not immediately escalate the situation into using lethal force. Give them the opportunity to surrender and open the door peacefully. Going in guns blazing is a end game that no one wants.

  • lucky bells

    Why did he only shoot one?

  • Amy Kernan

    It says they didn’t have a search warrant, which means he can’t be charged for the marijuana….it was an illegal search.

  • Frank Castle

    NO KNOCK raid for a few POT PLANTS??? THERE is the PROBLEM!!

  • Richard StJohn

    There was no need to enter the mans home in that fashion. They were searching for weed and possibly guns. But he was a legal gun owner. Good stuff cops. He did what any reasonable person would do when his door is kicked in. The fault of this is on the idiot cop who requested the no knock warrant and the idiot judge who granted it.

  • Rod Roberts

    Finally the damned cops did not get away with kicking in a homeowers door. Now maybe they know whats its like to be killed in a BS raid.

  • mark

    Come into my house unannounced and you get the same results.The law has boundaries,and LEO’s should adhere to them

  • JHM

    He shouldn’t be indicted for anything and hopefully the jury (if it gets that far) will recognize that this was an illegal action by the police.

    I have friends who are LEOs and it pains me to say this, but the dead LEO got exactly what he deserved. When you usurp the constitution, you reap what you sow. Too bad the current administration has received a wake up call….

  • mikesbuffalo

    the police need to stop all this nazi style bs they are doing, go back to doing your true jobs , protect and serve , and not abuse

  • Steve

    I hope the cops get it right when serving no knock warrants. Is this a misprint that they had no warrant. How can they even hold him on marijuana charge since it was obtained illegally?

    • Wayne Neva

      my understanding is that a judge issued this type of warrant. bad decisions to allow these type of warrants.

      • Phydeux

        There WAS NO WARRANT. Didn’t you read the article?

        • Wayne Neva

          I was also reading other articles and they also said that the LEOs were “executing a ‘no knock’ warrant”. Gave me the impression they already had a judges permission to go in (surprised me that this article said they did not have a warrant). And Yes, I did read the article. Apparently not as well as you.

  • W Dawes

    No knock warrants violate the U.S. Constitution. Private property is a fundamental right that must be respected. That is why warrants are necessary. Police are civilian law enforcers. You can’t just burst into a house w/o a warrant, unannounced, as that is a declaration of a “personal” war on private property.

  • Government thug got just what he deserved, glad Magee won’t be prosecuted.

  • B. S. D. Cult

    I hate to be a cop that died for some fucking weed. But that’s what’s happened here because as usual cops are on the wrong side of the issue and used like puppets so others can profit. And a ‘no knock’ warrant that is about as stupid of an idea if there ever was one. You’d think their own union would be against such fucking stupidity. I wanna feel bad that some one died but I can’t it’s just so fucking stupid and from what it sounds like you did all that for a guy that was growing his own personal shit. If that guy gets off he better leave the state immediately. He will not get the George Zimmerman treatment.

  • OneNation245

    No warrant and no knock – why is he charged for any crime if there is no warrant? I am against drugs but I do believe the constitution prevents law enforcement officer’s from illegal search and seizures without a warrant.

  • Vandergrift01

    Good. Police officers knock and request entry after presenting a warrant. The gestapo doesnt. Finally, cops getting treated like citizens too instead of above the law douches… And all of this over some POT PLANTS THAT HURT NO ONE. end the war on drugs. Save cops, kids and a ton of minorities. Win win win.

  • Markenheimer

    Look at the equipment they have accumulated. In many areas, the police have become the standing army that the founders warned us against. Many of them have become drunk with their own power. This was all done under the banner of the WAR on drugs. Put a stop to this before it’s too late.

  • Mario Lawrence

    Magee is lucky he didn’t get killed. Shame about the cop, but what do you expect if you break into an armed man’s home?
    He’s also lucky he had a jury that didn’t blindlessly side with the police.

    This whole situation was stupid.

  • LHTwist

    Police need to be able to perform their duties, but they should learn to
    be civil until the situation warrants otherwise. There’s no reason why
    every arrest should follow a no-knock raid. The people on the other side
    of the door are innocent until proven guilty, treat them like the
    people who’re paying police salaries. Try knocking on the front door
    first, with warrant in hand, during normal daylight hours.

  • Brad Kirby

    To sum it up, an officer lost his life over pot. Yep, that war on drugs is a great idea. You can’t feel too sorry for the officer, he did willingly participate in the raid. I can’t imagine that officer knew there wasn’t a warrant. It is getting stupid the lengths departments go through to ruin the lives of people using pot. If I were a cop and my department was raiding people for pot, I would ask to be able to sit out those raids and if they wouldn’t let me, I would find another job.

    This is just another example of departments trying to justify their existence and make profit off of ‘protecting’ the public.

  • Jim Tocci

    Let’s be honest, if his girlfriend hadn’t been a factor, the sympathetic vote could have gone either way.

  • sehrgut

    Live by the sword, die by the sword. I have no sympathy for the cop; and in all likelihood, his family supported his gang lifestyle, so I have no sympathy for them either.

  • Gregory Bell

    They teach cops “the us against them mentality”. Protect and Serve, HA! Protect their own and serve themselves. Then cops wonder why their job is so tough. It’s getting to the point that the phrase “officer down” is cause for celebration. Cops are as bad as doctors. They both think they are God.

  • Mardorang

    Why are we risking the lives of both officers and citizens on something as bullshit as smoking weed? We need to stop being so vindictive about people doing things that we don’t like even though it otherwise doesn’t affect us.

  • Guy Brohski

    I’m glad Mr. Magee got away with murdering that home invader. Makes me feel like there still is a little justice in the world..

    • Letusdecide

      That wasn’t murder; it was lawful.

  • SarahKentucky

    A ray of light in the dark abyss of Big Brother

  • USMC69

    If they had no warrant, why were they breaking and entering? And, wouldn’t that negate the use of any evidence they found?

  • Scott In Florida

    A lot of the stories I read here Do not seem factual Where is the part about no warrant or are Texas Peace officers allowed to claim probable cause and just enter a home with no warrant?

  • Snap N McGarrett

    If you’re going to take down a pothead, don’t do it at 6AM when their heads are the clearest. Wait until the cartoons come on and just walk in. Simple.

  • James Gollan

    Raid some ones home without a warrant. you get killed tough shit

  • They kick down doors across America every day. Inevitably they will kick back.

  • John Hanson

    If there was no warrant these cops need to go to jail for Breaking and Entering .

  • BROOKLYN BOB

    I REMEMBER WHEN A NO KNOCK WAS ONLY IN VERY SERIOUS CASES , NOT POT AND MINOR DRUG SUSPICION ! YES SAD, OFFICER WOULD STILL BE ABOVE GROUND !

  • JoeCushing

    “Peace Officer” Ugh, what an Orwellian phrase that is. They are the ones disturbing the peace.

  • William Prince

    good, we need to have more cop deaths, show them that the people are in charge not the gestapo

  • Stuffed Llama

    I remember the day the Supreme Court ruled in favor of no knock warrants. I knew it was the end of our protections under the Constitution — that was 1979.

  • Michael Thomas

    I am sorry for the families involved. Truth is this…..that officer and other officers involved where in the wrong. I keep an AR next to my bed, my wife a Sig. There would have been more then one dead officer. I served 24 1/2 years defending the Constitution and this country. This no knock, no warning, no warrant are the tactics employed by past so called law enforcement agencies. Agencies like the Gestapo, KGB, GRU, Kemp-Ti to name but a few. Are we now walking down the same road as past political terror forces. Are we Americans going to stand by and allow such activities, breeches of our Constitution. If so, then all that our Constitution is dead and Americans is a corps.

  • Adam Knapp

    “Peace officers…” Yes, this is totally what you call people who break down your door at 3AM with weapons to destroy your house looking for plants, often killing the citizens inside.

  • Not me!

    Play stupid games, win stupid prizes

  • Vee Rae

    hope the guy sues the cops

  • Vee Rae

    WHAT HAPPENED TO THE 4th.AMENDMENT

  • rluc

    im not an attorney ….but if there was no search warrant to search the house then why is the weed found in the house admissible in court ? shouldnt the case be thrown out due to the fact the cops had no right to enter the home ?

  • Guest

    now the cops will start shooting people in their sleep

  • David Cutler

    Peace Officers? Peace Officers would not conduct a “No-Knock Raid”. Whereas I can totally understand a Law Enforcement Officer conducting one. We need more true Peace Officers.

  • Robert Anthony Parobechek

    Oh well, take the Constitution seriously. A man has the right to defend his home. Raiding for marijuana is just absolutely ridiculous. There is no moral authority, it poses a public danger to no one and there is absolutely no honor in it. So sorry for your luck officer, but you should have taken more college classes about the constitution. Citizens and human rights FIRST! You don’t want to take the risk of doing what is right and being in danger, don’t put on the badge… nobody MADE you!

  • Jim Ferrenburg

    “peace officers” What the hell kind of “peace” were they officiating?

  • Nicole Lynn Spengler

    Ummm considering they obtained the plants with out a warrant I believe that should also be thrown out… but you know.. no one actually cares about the law any longer.

  • Grunt_at_the_Point

    This case is not reflective of how most police agencies would have handled this search. First, unless there is exigent circumstances, at a minimum, a warrant is needed to enter a dwelling. Secondly, the police have to demonstrate good cause why they should be allowed to enter a dwelling without knocking. This case was a cluster f***. I’d like to see the police department operating procedures, if in fact they exists. This case suggests this department allows its officers to make rules on the fly.

  • krosst

    To bad he didn’t kill them all. These no knock raids in the middle of night early morning are criminal as far as I’m concerned and officers doing them need to be shot and killed. Officers need to be tried for murder if they kill some one when doing a no knock raid! Here’s a new old idea how about one are two officers going to the door after the person has woken up and knock on the door and hand them a search warrant that tells what they will be searching for and where they will be looking and wait to enter after the person has read the warrant.

  • TJN

    No warrant? Based on that alone it’s a criminal act. If this ia true.. evidence should be thrown out, the defendant released and the remaining officers shot in front of an execution squad after a fair trial for violating their oaths and murder because they committed a felony break and enter and their criminal friend died during the illegal activity.

  • Frank Beans

    “Hey I think that house has some weed, lets kick the door in with no warrant and go see” says the power hungry police state. When will these asshole cops learn that citizens have rights.

  • Truthteller33

    I wonder if Marvin Louis Guy will get the same leniency in Texas. He’s black and nothing incriminating was found…so of course, he’ll get life.

    • soonerman

      …and it turns out you were correct! They are seeking the death penalty. I know libertarians don’t like to broach the “race” issue so, they will mysteriously fall silent about this now.

  • FedorTheGreat!

    No search warrant?? What the Hell were they doing breaking into the guys house any way?

  • Chuck Robey

    All I can say to this is Awesome the Thug Cops had no legal business being there to begin with. No Knock Raids are Unconstitutional

  • William Fuzi

    They had no search warrant? And they kicked his door in? The entire case should be thrown out. They had no warrant to enter the house in the first place. They knew they were going to search a house, they should have obtained a warrant before hand.

  • Low End

    all over a plant…I repeat, a plant

  • Great news… too bad he didn’t take out a couple more and rid the community of some terrorist vermin.

  • Mggie

    I reported a guy who lived in an Apt. across the street from me for selling drugs. It looked like a McDonald”s Drive Through from Thursday night til Sunday night. .Nothing was EVER done about it. He lived there & did business for 9 more months, then moved.

    • Guy Brohski

      How do you know he was selling drugs? Maybe he was just extremely popular, and sad lonely people like you should just mind your own F’ing business…

      • Mggie

        He was selling drugs. And if YOU don”t know what you”re talking about,You should keep your Fkn” mouth shut. And by the way.I”m not ” sad nor lonely”.that many people don”t just visit 2 mins. then leave. Especially is it”s the same vehicles that were going to another drug pushers Apt in the same complex that was busted. AND by the way. It is my fkn business.

  • DJ Cross

    Now the Police will have a hardon for this guy.
    They will harrass him to no end, pull him over for every little thing. He should just move.

    As for the weed charges, they will be dismissed. There was no warrant.

  • leatherneckga

    This incident needs to change the “No knock” warrant game. Someone kicks in my front door, the first person through will eat lead. I might die in the raid, but 1 or more will be going with me to the great beyond.

  • Paul Sanders

    all over a plant.

  • Richard Winchester

    Barge in unannounced get carried out feet first as it should be. I got no pity.

    Next time come in the day with a warrant…

  • Richard Winchester

    With no warrant anything inside the house is no good as evidence as it was obtained illegally.

  • Seamus Cameron

    This guy should get a ‘civic improvement’ award.

  • Daniel the bruce

    {“no-knock” raid around 6 a.m. With no warning, or search warrant}
    ah if they did NOT have a warrant then the Mary J arrest is going to go out the window too as they had no reason to search in the first place so what they found would be fruit of the poisonous tree so to speak.

  • Cj Smith

    This is very sad, that an officer had to die, because this guy grew a non fatal sedative plant.

    As far as I know, no one has died from it’s use.

    It’s actually legal in some states now.

    So the officer died over a dumb law, about a non violent, victimless “crime”.

    As far as I know, “weed” is non addictive.

    I wouldn’t know, I never tried it, and never will.

    This action concerns me though because I and many others, try to grow plants to EAT, inside in the winter, using high intensity lights.

    Police often barge in people’s houses using hersay, “I think the neighbors are….because…” as real probable cause, when it’s someone who has no clue’s ASSUMPTIONS only.

    The cops terrorize citizens, only to find tomato and basil plants.

    They give kids PTSD, and chronic fear, and sleeplessness.

    All this TERRORISM, over some non lethal plants.

    Why didn’t they track, observe him, and use undercover agents, so he might actually try to show a “buyer” the “goods”.

    There’s a guy in jail serving a LIFE SENTENCE, for a similar crime, of trying to sell, a small bit of weed to an undercover cop, while CARRYING a concealed probably legal handgun.

    The handgun was never shown to the “buyer”, nor did he threaten the “buyer” with it. It was just seen by the “buyer”.

    This guy was a teen/young man when he did this. I think he’s 35-40 years old now, and his child is a teen, who never grew up spending quality time with him or her. He actually cares about his child.

    My non convict paternal person, never cared about us kids, nor spent ANY quality time with us at all.

    So the young man got life, for a victimless, non violent crime, while murderers are let out.

    Enough of this extreme force, for a petty “drug”. One doesn’t need to be behind bars to stop selling/growing weed, All they need is the threat of that, and a parol officer, and better yet job SKILLS training, so they can earn a legal living.

    Both men in these similar “crimes” had, or were about to have a young child.

    However, this may be a blessing in disguise, because if “drugs” are found in the home of a child, and some one finds out, it can be considered “child endangerment” and the child will be stolen away, never to be seen again, by it’s relatives. It grows up a made orphan.

    Because these guys went to jail, their kids weren’t stolen, only the man’s freedom was.

    Shouldn’t the cops be bothring/seeking VIOLENT criminals?

  • Cj Smith

    This is very sad, that an officer had to die, because this guy grew a non fatal sedative plant.

    As far as I know, no one has died from it’s use.

    It’s actually legal in some states now.

    So the officer died over a dumb law, about a non violent, victimless “crime”.

    As far as I know, “weed” is non addictive.

    I wouldn’t know, I never tried it, and never will.

    This action concerns me though because I and many others, try to grow plants to EAT, inside in the winter, using high intensity lights.

    Police often barge in people’s houses using hersay, “I think the neighbors are….because…” as real probable cause, when it’s someone who has no clue’s ASSUMPTIONS only.

    The cops terrorize citizens, only to find tomato and basil plants.

    They give kids PTSD, and chronic fear, and sleeplessness.

    All this TERRORISM, over some non lethal plants.

    Why didn’t they track, observe him, and use undercover agents, so he might actually try to show a “buyer” the “goods”.

    There’s a guy in jail serving a LIFE SENTENCE, for a similar crime, of trying to sell, a small bit of weed to an undercover cop, while CARRYING a concealed probably legal handgun.

    The handgun was never shown to the “buyer”, nor did he threaten the “buyer” with it. It was just seen by the “buyer”.

    This guy was a teen/young man when he did this. I think he’s 35-40 years old now, and his child is a teen, who never grew up spending quality time with him or her. He actually cares about his child.

    My non convict paternal person, never cared about us kids, nor spent ANY quality time with us at all.

    So the young man got life, for a victimless, non violent crime, while murderers are let out.

    Enough of this extreme force, for a petty “drug”. One doesn’t need to be behind bars to stop selling/growing weed, All they need is the threat of that, and a parol officer, and better yet job SKILLS training, so they can earn a legal living.

    Both men in these similar “crimes” had, or were about to have a young child.

    However, this may be a blessing in disguise, because if “drugs” are found in the home of a child, and some one finds out, it can be considered “child endangerment” and the child will be stolen away, never to be seen again, by it’s relatives. It grows up a made orphan.

    Because these guys went to jail, their kids weren’t stolen, only the man’s freedom was.

    Shouldn’t the cops be bothring/seeking VIOLENT criminals?

  • SideshowJon36

    If only there were some document that made it clear to police that this sort of action was unacceptable.

    • tuna_MEOW

      The Constitution? George Bush said it was just a goddam piece of paper.

  • Come & Take It!

    IMHO, the “no-knock” raids need to be stopped/outlawed in all cases except those with immediate life-threatening urgency. Why would you want to risk your LEOs’ lives for petty crime cases. Hell, even a felony case, unless it is a capital murder case, wouldn’t be worth the risk.

    • Andy Nonomous

      Why would you risk innocent peoples lives by giving pigs the power to hit a house and kill innocent people inside with impunity. More often than not they hit the wrong home.

  • tokies

    just end the drug war. seriously. we hit a point years ago wasting money on this trillion dollar failed war there has to be a better way

  • Cris Bessette

    This police officer literally died for nothing, his family left without a dad and husband over some harmless plants that literally grow wild all over the planet.
    Even if they had made a “successful” raid and got him and his measly little stash of weed, there would be 10 other guys ready to take over for him the next day.

    What a pointless waste of lives and tax dollars. The only reason there is any violence related to pot use is the prohibition of it. The drug war CAUSES the violence and suffering, it doesn’t relieve it.

  • Morrisovich

    They call themselves “Peace Officers”. It makes me physically sick.

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