Re:Rand Paul says no-knock warrants 'should be forbidden' in...
by gamblor956 on Tuesday May 19, 2020 @03:52AM
(#23232388)
Mr. Walker should get off...eventually.
Unfortunately, while it appears the law is on his side based on the facts currently known (Kentucky is a castle doctrine and SYG state), these doctrines are affirmative defenses that must be argued in court. Under most state criminal procedure codes, Mr. Walker can be held until trial (unless freed on bail, or placed under house arrest).
Note that placing someone under house arrest in a conservative state like Kentucky is the judge's way of saying that he expects the defendant to prevail in court and thus won't subject them to the indignities of the prison system, but can't simply release them without bail or restriction due to the nature of the charges.
Unfortunately, while it appears the law is on his side based on the facts currently known (Kentucky is a castle doctrine and SYG state), these doctrines are affirmative defenses that must be argued in court. Under most state criminal procedure codes, Mr. Walker can be held until trial (unless freed on bail, or placed under house arrest).
Note that placing someone under house arrest in a conservative state like Kentucky is the judge's way of saying that he expects the defendant to prevail in court and thus won't subject them to the indignities of the prison system, but can't simply release them without bail or restriction due to the nature of the charges.