If all no knock warrants are conducted that way, then I would indeed say that they are all wanton acts.
I don't care if they were following orders, or had permission from the state. Crime is still crime, and getting your boss to tell you to commit a crime is still a crime. Even if your boss wears blue.
Note also you've shifted the law slightly by saying executing the no-knock warrant how it's typicality done cannot be a gross deviation of standard conduct. Yet that's not what the law says.
The law does not say: "...disregard thereof constitutes a gross deviation from the standard of conduct that a police officer conducting a no-knock warrant would observe".
It says "...disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation".
So let me ask you this: if you went down to Kentucky, and loudly broke into a house in the middle of the night" do you think it's likely that someone (yourself or the people in the house) could come to harm from this?
I think no-knock warrants are typically conducted by uniformed officers who loudly declare that they are the police, That's a very different fact pattern than what I said would merit manslaughter.
Each of these decisions trades some risk of death and injury for an increased likelihood that the police officers will find drugs.
I don't think this is a good trade-off, I don't think any amount of drugs you can flush down a toilet in a minute is worth the loss of life or violation of individual rights that a no knock warrant entails.
> So let me ask you this: if you went down to Kentucky, and loudly broke into a house in the middle of the night" do you think it's likely that someone (yourself or the people in the house) could come to harm from this?
Likely, no, possible yes.
I'd argue that it's not likely also, but I would say it is substantial, which is sufficient under the law.
I understand the reasoning provided. I think it wantonly risks death for unjustifiable reasons. They can provide their justifications, but to me (were I sitting on a jury) I would think an objective reasonable person would not agree with them.
It sounds like we're mostly in agreement on their actions creating a circumstance where the death could occur. I think at this point maybe the only difference between us is whether that risk is "justifiable" as described in the statute.
I think it is not and (again, given the specific facts I proposed which would have to be proven at trial) I would find them guilty of manslaughter.
But I guess time will tell if they get charged and convicted.
You and I probably have disagreements about how the current system values a human life relative to their other goals. I have no problem viewing a police department (or many police departments) systematically acting in a wanton manner. That doesn't excuse the individuals that carry out the actions.
For the same reason "I was just following orders" is not a defense. Breaking the law is breaking the law—even if your bosses order it and other people are doing it.
Again, I also do not believe that most PDs carry out no-knock warrants with these facts. I suspect most PDs during a no-knock warrant will still use uniformed police officers and announce themselves as police.
I don't think "I was just following orders" is a defense against breaking the law. But I think arguing that something is a common practice throughout the U.S. is a defense against the act showing a willful or depraved indifference to human life.
Basically I don't believe in the death penalty. But I also don't think the doctor who administers the lethal injection for the state should be convicted of manslaughter if they happen to kill an innocent person. (I also think the death penalty kills more innocent people per execution, than execution of warrants).
> I suspect most PDs during a no-knock warrant will still use uniformed police officers
Definitely agree here. But plainclothes warrant execution has been become increasingly common over the last decades. The no-knocks, are getting more no-knockier.