Texas law-enforcement officers conducted a no-knock raid as if a firearm in the home “could somehow load itself, disengage its own safety, open the door, and begin to fire at the police,” according to a brief submitted to the U.S. Supreme Court.
Quinn was targeted by police because his son – who was suspected of possessing drugs – lived in the same home. His son was absent, and police records reveal they knew that fact when officers broke into Quinn’s home in a no-knock, SWAT-team style forced entry.
The state admits the raid was based “solely on the suspicion that there were legally owned firearms in the household.”
The brief was filed by the U.S. Justice Foundation, Gun Owners Foundation, Gun Owners of America, Lincoln Institute for Research and Education, Abraham Lincoln Foundation, Institute on the Constitution, Conservative Legal Defense and Education Fund, U.S. Border Control Foundation, Policy Analysis Center, Downsize DC Foundation and Downsize DC.
The case began in August 2006 when police in Collin County, Texas, got a warrant for Quinn’s home. Lower courts rejected Quinn’s objection to the “no-knock” entry on the grounds that because police had information that guns were present at the residence, they were justified in making a forced and unannounced invasion.
WND reported a week ago that lawyers with the Rutherford Institute, who are representing Quinn, asked whether the state could demand that Quinn relinquish his Second Amendment rights to keep his Fourth Amendment rights.
They argued that tradeoff was impermissible.
“Although police had obtained a search warrant for John Quinn’s home based on information that Quinn’s son might possess drugs, the warrant did not authorize police to enter the residence without knocking and announcing their entry. During the raid, Quinn was shot by police because he had reached for his lawfully owned firearm, thinking that his home was being invaded by criminals,” Rutherford explained.
The new friend-of-the-court brief challenges the actions.
Read more here.