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Dallas officer kills man after mistaking apartment for her own, police say

'stache

By 'stache
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The People’s Elbow

The People’s Elbow 707

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1 minute ago, Constant said:

If I sat around answering these unfunny, low-hanging fruit jokes all day, I’d have no time for anything else. You want to be an adult and ask me an adult question, go ahead. Keeping in mind I can’t talk about specifics with this incident. 

That very well could be an adult question. That’s the current perception of your profession by many. Congrats. 

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Constant
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First off I’d like to say that I’m heartbroken for the Jean family. As a parent myself, I hope Mr. Jean’s father and mother find some peace in the outcome. They appear to be a wonderful family that ra

SubliminalHorn
SubliminalHorn

Just relax the throat and stay in rhythm 

4th&Five
4th&Five

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mdmost

mdmost 43004

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Oh that's fine but if he goes blue wall on this he's going to get a lot of much deserved shit. What I want to know is how do other officers view this tragedy? As just an unfortunate accident? A byproduct of being overworked? An unjustifiable shooting where she should lose both her badge and her freedom to some extent?

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Constant

Constant 6743

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1 minute ago, mdmost said:

And I'll throw in the caveat that Constant doesn't have to answer my questions as we all know online isn't totally anonymous and I'd rather he not get in any hot water if the questions are something he shouldn't be answering. 

That is essentially what it boils down to. Social media policies keep from commenting on ongoing investigations and what not. I’ll answer general questions and stuff, but this world that we live in where information is demanded and spread so quickly and with no regard to accuracy is a thorn in my side. I hate social media. 

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TwiceHorn

TwiceHorn 31495

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5 minutes ago, Chewbacca said:

So why didn't they search her apartment? Why is his relevant but hers irrelevant.

To search a premises you have to have probable cause that a crime was committed (ok, check), and explain to a judge what evidence you expect to find on the searched premises and how that evidence is relevant.  Lawdogs tend to lump both of those into "probable cause."

So, it isn't super-clear at this point why you get to toss her apartment.  The state does not get to go fishing in citizens' homes just because they might find something relevant.

His was a crime scene.

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C-Man

C-Man 27230

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The noise complaint detail is huge imo. I read through the last 200 posts rather quickly and was trying to find a link to a news source about it. Could anyone kindly drop that here again?


I keep hearing about the noise complaint being the same day. I’d say that’s a huge red flag. But has that come from a reputable source?
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Chewbacca

Chewbacca 7780

Posted
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To search a premises you have to have probable cause that a crime was committed (ok, check), and explain to a judge what evidence you expect to find on the searched premises and how that evidence is relevant.  Lawdogs tend to lump both of those into "probable cause."
So, it isn't super-clear at this point why you get to toss her apartment.  The state does not get to go fishing in citizens' homes just because they might find something relevant.
His was a crime scene.
So why was the weed relevant again?
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bernorange

bernorange 8362

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12 minutes ago, BlueGreySky said:

The noise complaint detail is huge imo. I read through the last 200 posts rather quickly and was trying to find a link to a news source about it. Could anyone kindly drop that here again?

https://www.surlyhorns.com/board/index.php?/topic/4439-dallas-officer-kills-man-after-mistaking-apartment-for-her-own-police-say/&do=findComment&comment=501420

 

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TwiceHorn

TwiceHorn 31495

Posted
Posted (edited)
3 minutes ago, Chewbacca said:
7 minutes ago, bigup2dahorns said:
 
His apartment was/is the crime scene. But does bring up a good question that has been asked on here a few times.

I get that the crime scene was part of it. Why was the weed found in his apartment relevant again?

It isn't relevant, it was seized because possession of it is illegal.  Apparently it was also in plain view, so a warrant for the premises is good for anything in plain view.

What is a bit curious is that the warrant specifically mentioned narcotics and paraphernalia.  He may have tested positive for it.

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0xdeadbeef

0xdeadbeef 1651

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Just now, TwiceHorn said:

It isn't relevant, it was seized because possession of it is illegal.

And why exactly was his laptop seized?   It wasn't illegal.

Unless it they think it had a webcam that was recording at the time, what reason could they possibly have to take it?    Looking for mails would be a fishing expedition, would it not?  

 

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TwiceHorn

TwiceHorn 31495

Posted
Posted (edited)
9 minutes ago, Chewbacca said:
10 minutes ago, TwiceHorn said:
It isn't relevant, it was seized because possession of it is illegal.

Oh, fuck off. Dude was murdered in his own home and it's being leaked that he had weed. Why?

Ok, sorry, apology accepted.

If a cop executing a search warrant comes across illegal material in plain view, it's going to be seized,  Period.  Machine gun, pot, heroin, you name it.

The only reason this information has been reported is that it appeared in the search warrant affidavit, which I posted earlier and in the search warrant "return," which is a document similar to a receipt stating that the search has been carried out and itemizing the materials seized, whether pursuant to the warrant, because they were in open view, or because they were "contraband."  The press got hold of those documents, and reported their contents.

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TwiceHorn

TwiceHorn 31495

Posted
Posted (edited)
16 minutes ago, 0xdeadbeef said:

And why exactly was his laptop seized?   It wasn't illegal.

Unless it they think it had a webcam that was recording at the time, what reason could they possibly have to take it?    Looking for mails would be a fishing expedition, would it not?  

 

Now that is a good question.  This article lists the following:

The inventory return yielded:
2 fired cartridge casings
1 laptop computer
1 black backpack with police equipment and paperwork
1 insulated lunch box
1 black ballistic vest with "police" markings
10.4 grams of marijuana in ziplock bags
1 metal marijuana grinder
2 RFID keys
2 used packages of medical aid

It is entirely possible that the laptop isn't his, but hers.  In the event, specific items need not be listed or their relevance described if they are found in plain view.  If the cops are going to have to dig around to find it, it has to be itemized and relevance explained.

That article also states that several warrants have not been unsealed.  So maybe her joint is getting tossed.

Also, since the deceased is not a defendant and the evidence seized will not ever be used in a proceeding against him, there isn't anyone with standing to legally protest a faulty warrant or illegally seized evidence.

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0xdeadbeef

0xdeadbeef 1651

Posted
Posted
23 minutes ago, TwiceHorn said:

Now that is a good question.  This article lists the following:

The inventory return yielded:
...
1 laptop computer
...

It is entirely possible that the laptop isn't his, but hers. 

...

 

I hadn't thought about it possibly being hers; in this context that would seem to make more sense.  I don't know why a cop working a 15 hour shift would take their computer to work, but who knows.   

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TwiceHorn

TwiceHorn 31495

Posted
Posted (edited)
3 minutes ago, 0xdeadbeef said:

I hadn't thought about it possibly being hers; in this context that would seem to make more sense.  I don't know why a cop working a 15 hour shift would take their computer to work, but who knows.   

I dunno either.  I just saw it listed by her backpack and it occurred to me that maybe it was hers.  A fair number of people tote their laptop around everywhere.

Hell, the dope could be hers, too.

I'm a bit curious why a crime scene team wasn't sent in immediately after the incident.  Maybe it was, but they only cataloged and photographed and didn't remove anything.

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Lhorn

Lhorn 4915

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Not sure what to think about a noise complaint.  One would have to be exceptionally crazy to shoot someone over a loud stereo if that's what's being implied.  Maybe a bit more likely if there is a history of bad blood between the two based on recurring disputes over noise but I'm sure that'll come out if such a problem exists.  

My money is still on her being just a dumbass, but who knows.  Evil asshole is still in the realm of possibility.

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