" If not, where do you think they deviated from reacting in a legal fashion?
#31 | POSTED BY KWRX25 AT 2020-09-24 04:18 PM | FLAG: "
In this case the officers were advised by superiors to knock and announce their presence in serving this specific search warrant. This was disclosed by the Attorney General in a press conference after the decision was made public.
If they failed to follow this instruction, there are serious implications. Did they enter legally under the warrant, as you suggest, or does failure to follow the instruction render subsequent actions illegal, particularly the use of deadly force? Does it allow Taylor's boyfriend to claim he was legally following Kentucky's stand your ground law?
I don't know the answer to these questions, but it seems to me the legality of the officers' actions hinge on whether they followed instructions to announce themselves. The police officers are hardly independent witnesses when it comes to testimony concerning whether or not they followed instructions, so the testimony of independent witnesses becomes vital.
If 1 witness corroborates their position on this key issue and 11 don't, isn't that enough doubt to suggest a case should be brought against them?
I have 1 caveat and that is that if failure to follow the instruction to announce themselves does not render the execution of the warrant illegal, then whether or not they followed instructions is moot.