Judge: Homeowner had 'a right to resist' police in his home

robwbright

Member
Apr 8, 2005
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I'm sure this will be controversial. . .

From Sarasota Florida

http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20070314/NEWS/703140547

John Coffin won't spend any more time in jail for beating up two sheriff's deputies inside his house, striking one in the head with a Taser gun he took from the other.

But Coffin, 56, had a right to defend his family and property because the deputies had no right to be in Coffin's house in the first place, De Furia said.

The deputies were trying to serve Coffin with civil papers that had been given five days earlier. They had entered the garage even though they did not have a search warrant or arrest warrant.

And they arrested Coffin's wife, Cynthia, 50, on obstruction charges even though she had no obligation to follow their orders to bring her husband outside.

"The most critical is the fact the officers broke the law by stopping the garage door from going down," and then entering the garage, De Furia said.

Assistant State Attorney Jeff Young told the judge the case "could have been over in five seconds" if the Coffins "had simply come out and cooperated."

De Furia said that while he believed the deputies' mistakes were not intentional, the Coffins had every right to lock doors, try to close their garage door and not cooperate.

"What took place in the house was unfortunate," De Furia said, "but Mr. Coffin ... had a right to resist."
 
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