We also need to remember that although this case did set a precedent, it only sets a precedent based on circumstances similar to the one that this case was based on. This individual knew without a doubt that he was dealing with LE. This does not cover no-knock warrants which are a teriible idea 99.99% of the time (I'll give the Navy SEALS the benefit of the doubt on the Bin Laden raid) or other random acts where an unknown individual enters your home and ends up later being identified as LE.
The ruling is based on the likely outcome which is not an area where our courts should be getting involved in (similar to seatbelt laws). The likely outcome of physically resisting LE is someone getting hurt. When I am across town and I hear an officer needs assistance call, I respond to an officer needing assistance. I am not responding to a home-invasion where the perpetrator was shot and killed. I bring a lot of friends with me and we are trained and ready to do what is necessary to make sure we all go home. Even if the homeowner gives up, they will face criminal charges and in all likelihood, be convicted on most charges. The grown-up, responsible thing would be to allow them inside (if our reputation was better, I would add that you know they are not there to physically harm you or your loved ones), and go through the legal system later to make all involved parties pay for their involvement. I don't believe the courts should rule on these types of things as it is a personal decision to think through your actions before carrying them out and that is all that was mandated here. A bloodbath is going to end poorly for the citizen the vast majority of the time. Then, it is the department's word only and they were there legally. Install video cameras, verbally resist, lock doors, but do not fight.
INCOMING!!!
The ruling is based on the likely outcome which is not an area where our courts should be getting involved in (similar to seatbelt laws). The likely outcome of physically resisting LE is someone getting hurt. When I am across town and I hear an officer needs assistance call, I respond to an officer needing assistance. I am not responding to a home-invasion where the perpetrator was shot and killed. I bring a lot of friends with me and we are trained and ready to do what is necessary to make sure we all go home. Even if the homeowner gives up, they will face criminal charges and in all likelihood, be convicted on most charges. The grown-up, responsible thing would be to allow them inside (if our reputation was better, I would add that you know they are not there to physically harm you or your loved ones), and go through the legal system later to make all involved parties pay for their involvement. I don't believe the courts should rule on these types of things as it is a personal decision to think through your actions before carrying them out and that is all that was mandated here. A bloodbath is going to end poorly for the citizen the vast majority of the time. Then, it is the department's word only and they were there legally. Install video cameras, verbally resist, lock doors, but do not fight.
INCOMING!!!