Another no-knock warrant and cover up

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TargetTerror

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I read this account of a no-knock warrant on the home of Tracy Ingle. The sources seem legitimate, though admittedly I haven't confirmed it elsewhere. It seems particularly egregious because the police continue to railroad him even after it is clear there was a mistake. It also seems odd that the no-knock warrant was obtained 3 weeks before the raid - isn't the whole point of a no-knock the need to do the raid quickly?

http://reason.com/blog/show/126284.html#comments
and an article from the Arkansas Times: http://www.arktimes.com/Articles/ArticleViewer.aspx?ArticleID=68509828-1566-472d-9a68-79f43b522950

The Reason.com article:
Tracy Ingle: Another Drug War Outrage

Radley Balko | May 7, 2008, 10:45am

About a month ago I got a call from a reporter for the Arkansas Times inquiring about my research into paramilitary drug raids. He'd been reporting on a raid in North Little Rock involving a 40-year-old man named Tracy Ingle. When he told me the story over the phone, I was floored, even given all the abuses and mistakes I've reported and read about over the last few years. What makes the case especially egregious is not that the police may have gotten the wrong home, that they shot a man, or that they were covering it up or going silent. We've seen all that before. What's mind-blowing about this one is that they've continued abusing the poorTracy Ingle's door. guy, even after it should have been clear for some time now that they made a mistake.

From the outset, it should be noted that Tracy Ingle has had some trouble with the law in the past, though nothing violent, and nothing drug-related. He has had a couple of DWI's, and a citation for failing to appear in court. He apparently also agreed to do some repair work on a friend's car that later turned out to be stolen.

That said, what's happened to him over the last few months is pretty outrageous.

Here's the Arkansas Times piece, which I'd encourage you to read in full. And here's a follow-up interview with North Little Rock Police Chief Danny Bradley about SWAT tactics.

I've since spoken again to the reporter and to Tracy Ingle's sister, Tiffney Forrester, who herself is a former sheriff's deputy. I've also had a chance to review the warrants and return sheets (pdf).

The North Little Rock Police Department wouldn't discuss the case with me.

Here's a quick rundown:

• On January 7, 2008 a paramilitary police unit in North Little Rock, Arkansas conducted a drug raid on Tracy Ingle's home. Ingle says he had fallen asleep for several hours, and was asleep when the raid happened. He awoke when the police took a battering ram to his door. Another team of officers approached form the outside of the house, and shattered the window to his bedroom.

• When he awoke, Ingle says he thought his home was being invaded by armed robbers. He reached for a broken gun, a pretty clear indication that he had no intention of killing anyone, but rather was trying to scare away the intruders. When he grabbed the gun, an officer inside the house fired his weapon. The bullet hit Ingle just above the knee, shattered his thigh bone, and nearly severed his lower leg. When the outside officers heard the shot, they opened up on Ingle, hitting him four more times. According to Ingle's sister, one bullet still rests just above Ingle's heart, and can't be removed.

• Ingle was taken to the hospital, and spent a week-and-a-half in intensive care. He was then removed from intensive care—still in his hospital pajamas—and taken to the North Little Rock police department, where he was questioned for five hours. He was not told he was suspected of a crime, and his family wasn't allowed to speak with him. After the interrogation, he was arrested and transferred to the county jail.

Ingle spent the next four days in jail. He says he was never given his pain medication or his antibiotics. Though hospital nurses told him to change his bandages and clean his wounds every 4-6 hours, Ingle told the Arkansas Times that jail officials changed them only twice in four days. Ingle's wounds became infected during the time he was in jail.

Police found no illegal drugs in Ingle's home. They did find a scale, which Ingle's sister tells me was an extra she was given when she worked at a medical testing facility. She used it in her jewelry-making hobby. They also found a bunch of small plastic bags. Again, Ingle's sister says these were part of her business. "I was leaving the country for a while, and I stored a lot of my stuff at his house," she told me. "The scale and bags were mine, and are both common things to have for anyone who makes jewelry." Police also found the broken gun and a broken police scanner.

• From those items, the police charged Ingle with running a drug enterprise. They also charged him with assault, for pointing his broken gun at the police officers who had just barged into his home. The judge set Ingle's bail at $250,000, explaining that it had to be set high because Ingle had engaged in a shootout with police—never mind that Ingle didn't fire a shot. Ingle was able to sell his car to pay a bail bondsman. But with no car, his injuries render him basically immobile. He had to walk two miles on crutches and an infected leg to his hearing last week.

The police obtained a no-knock warrant for Ingle's home about three weeks prior to the raid. The warrant itself (pdf) reads like boilerplate, with no specific references to Ingle (other than his address), or why he specifically posed a risk to police safety, or of disposing of drugs before coming to answer the door. It mentions no controlled buys. It doesn't even mention an informant. In fact, someone scratched out "crack cocaine" and hand-wrote in "methamphetamine" on the type-written warrant, suggesting a cut, plug, and paste job. The Supreme Court has ruled that police must show case-specific evidence of exigent circumstances in order to be issued a no-knock warrant. The mere fact that it's a drug case isn't enough. The warrant for Ingle's home contains no such specific information.

Many times, information specific to the investigation is contained in the affidavit the investigating officer files for the search warrant, not in the warrant itself. Forrester says she has called the North Little Rock Police Department more than 20 times in an effort to obtain a copy of the affidavits. She says they at first refused to return her phone calls. When she was finally able to speak with a lieutenant, he became angry when she told him she had contacted the media. She then says he told her to "dream on" when she asked for copies of the affidavits.

According to Forrester, Ingle's neighbor had a direct line of sight into the bedroom, and saw the entire raid. His account initially matched Ingle's. But that changed. "We have a witness, a next door neighbor that saw the entire incident," Forrester told me. "He came forward on his own to give a statement to the family. Police never questioned him until a month or so after the shooting, at my insistence. They kept this neighbor in his home, and questioned him for at least four hours, refusing to let the man's wife come home, of for other people to see him. When the police finished intimidating the man, they told him specifically that 'he did not see what he thought he saw.' The neighbor is now afraid to talk to the media." I have not yet been able to speak with the neighbor.

• Ingle's family was able to put up $1,000 to retain an attorney, but can't afford the extra $6,000 the attorney has asked to represent Ingle. Ingle is therefore still looking for representation. He has no health insurance, and no money to pay for medication, or to continue treatment of his injuries.

Last week, after the Arkansas Times article appeared, the judge in the case issued a gag order, preventing Ingle and any future attorney he may have from talking to the media about what happened to him. This is puzzling. Before today there had been exactly two articles about this case—not exactly a media circus. It's hard to understand why a gag order was necessary. It's only real purpose is to prevent more people from learning about what's increasingly looking like a railroading. And it's only effect is to lend more support to the possibility that it is, in fact, a cover-up and railroading.

As noted, the police aren't talking. And the prosecutor is now bound by the gag order. Perhaps there's some piece of information damning to Ingle I'm not yet aware of—though it's hard to imagine what that might be.

Barring that, what's happening to Tracy Ingle is pretty outrageous.
 
isn't the whole point of a no-knock the need to do the raid quickly
No. It is almost entirely to instill fear in the populace at large. It is almost never really about crime or officer safety, or whatever else is the stated reason. "Behave yourself, or this is what you will get".
 
Another argument supporting a ban of no-knock warrants.

Recently in Salt Lake City 2 guys did a home invasion claiming to be cops, even showing the frightened family their badges. I will try to find a link for that story.
 
1. Do you propose some activism effort? Such as writing various politicos in Arkansas? If so, say so.

2. The first "cop bash" gets this thread closed. Nor do we need anecdotes about other events in other places.

Art
 
Before the thread gets locked I'll throw in my 2 pennies that I've learned during my employment with the Fed.gov. I'd bet my life that the same holds true with state, county, city, and any other level of government.

The government protects its interests above all others. It is a government that has little regard for you, me, or anything that could be embarrassing or threaten its power. It will lie, cheat, steal, coerce, blackmail, or kill to protect itself. If you remember that everything the government does will immediately make sense to you and it's about the only way to remain sane at a government job. :)
 
1. Do you propose some activism effort? Such as writing various politicos in Arkansas? If so, say so.

2. The first "cop bash" gets this thread closed. Nor do we need anecdotes about other events in other places.

Art

Art, I posted this as informational only. I like to keep abreast of such incidents, and I appreciate it when other members post such articles and links. I am simply doing likewise. I did not intend for this to be a cop-bashing discussion, but just another example of all the problems surrounding no-knock warrants.
 
The government protects its interests above all others. It is a government that has little regard for you, me, or anything that could be embarrassing or threaten its power. It will lie, cheat, steal, coerce, blackmail, or kill to protect itself. If you remember that everything the government does will immediately make sense to you and it's about the only way to remain sane at a government job.

Remember Waco.
 
There is a fine line between "cop bashing" and rightly pointing out governmental abuse.

However, I do take issue with the whole "if you don't propose to do something about it, shut up and quit griping." Exposing wrong is a critical first step in affecting long term change. Spreading awareness and providing examples of rights violations IS doing something about it.
 
Yep, The US has spent hundreds of billions on the "war on drugs." What a resounding success it has been; with more folks using dope today than when Nixon declared his " war on drugs" in 1973.

Now we have tons of cheap pharmaceutical grade meth coming up from Mexico. Violent criminals are being let out of prisons to make way for the dumb kids who used dope.
 
There is a fine line between "cop bashing" and rightly pointing out governmental abuse and encroachment. True.

However, I take issue with the whole "if you don't propose to do something about it, shut up and quit griping." Having your voice heard, spreading awareness, providing examples of rights violations IS doing something about it. Exposing wrong is a critical first step in affecting long term change.

Waco would have been covered up too. However, the JBTs involved in the massacre got a pretty nasty surprise from a few armed citizens who just refuse to be intimidated by tyranny.
The same thing with Ruby Ridge. However, it was Waco that really made the Clintonistas slightly change the views that they had about repressing the citizenry.
 
Exposing wrong is a critical first step in affecting long term change.
The board moderators seem to be especially sensitive to supposed cop bashing. It seems to be some kind of policy of the board owner. Its his board, he gets to set the rules. I would not get too bent about it. If you want to have a board where anything goes, you can always start your own.
 
The board moderators seem to be especially sensitive to supposed cop bashing.

It's just that is serves no purpose. Suggest ways to fix the problem, post something in Activism etc.

Just bitching about it doesn't really do much. There's plenty in the news to be unhappy about and plenty of places on the Internet to just go gripe.
 
First of all, everybody (PoconoEagle, shdwfx, ilbob) griping about what can and cannot be said should keep in mind that the purpose of this board is RKBA and introducing new shooters to RKBA.

It isn't a sounding board for whatever government outrage of the day annoys you. People's failure to grasp this distinction is why we no longer have the Political part of Legal (see the tacked thread "Changes at THR" if you are still confused about this).

The people who run the board made a conscious decision to go in this direction and even created an alternative forum (Armed Polite Society) which is linked in the upper right hand corner so you could go THERE and discuss whatever government outrage du jour annoyed you, even though they have zero obligation to maintain a forum for your amusement.

One reason this was done was that many of us felt that too many members were confusing complaining about something on the Internet with productive action or positive steps to inform others of the problem.

Art, who has to moderate Legal, is actually being quite gracious in allowing a thread that has only indirect relationship to RKBA to remain open so that some of those who might not otherwise be aware of the problem can be informed.

Having been that gracious, I imagine this thread will stay open until people start confusing adding their $.02 of outraged opinion with informing others or productive action.
 
First of all, everybody (PoconoEagle, shdwfx, ilbob) griping about what can and cannot be said
I wasn't griping about it. I fully respect the board owner's right to restrict comments as he sees fit. Some people seem to feel the moderators just made up the cop bashing rule for some reason. I just wanted to point out it was the owner's decision.
 
The whole story seems a little lopsided, but I think criminals have enough practice lying that they can come up with some god stories. Scanner, gun, scales, baggies. Come on.

MAYBE the gun was broken, but are the police supposed to know that before hand?

This really doesn't seem very RKBA to me. I don;t see the relevance.
 
shdwfx said:
There is a fine line between "cop bashing" and rightly pointing out governmental abuse.

However, I do take issue with the whole "if you don't propose to do something about it, shut up and quit griping." Exposing wrong is a critical first step in affecting long term change. Spreading awareness and providing examples of rights violations IS doing something about it.

+1 This is what I was trying to say above.

Bartholomew Roberts said:
First of all, everybody (PoconoEagle, shdwfx, ilbob) griping about what can and cannot be said should keep in mind that the purpose of this board is RKBA and introducing new shooters to RKBA.

It isn't a sounding board for whatever government outrage of the day annoys you. People's failure to grasp this distinction is why we no longer have the Political part of Legal (see the tacked thread "Changes at THR" if you are still confused about this).

Bart, I agree fully with what you are saying, but disagree in how you are applying it to my original post. I would argue that no-knock warrants are a VERY IMPORTANT part of RKBA, and everyone, newbies included, needs to be informed about them. Home invasions is perhaps the most basic reason to own a gun for defense. No-knock warrants are simply home invasions authorized by law, only you don't find that out until after the smoke clears. If you defend yourself only to find out it was a no-knock warrant, at best you are looking at years of legal proceedings and mounting lawyers' fees, and at worst, you are jailed for life or executed. Thus, I feel the assessment of a home invasion v. no-knock warrant should be taught right alongside escalation of force and every other issue relating to self defense.

As I mentioned above, I appreciate it when other members post stories like this because it is important to know how authorities are behaving in one's country. Moreover, actions like these go directly to how anyone should handle a home invasion. I have read enough "no-knock warrants gone wrong" stories that if, god forbid, I should be the victim of a home invasion, I will weigh the possibility that I am being served a no-knock warrant (justifiably or otherwise).
 
How far does anyone think that a push to eliminate no-knock warrants will get?

Obviously, the first place to start is writing your representatives, and you'd need to include examples like this story. The CATO raid map would be excellent.

The problem I see is that the majority of Americans feel safe knowing that they have a strong Uncle Sugar protecting them (even though that's not really the motivation) and that these raids, while screwups occur, show soft and complacent Americans that they are safe. A Congressman or Senator would need a helluva full inbox to even consider proposing some kind of legislation. If a bill DID get proposed, this is one of those topics that seems to me to cut party lines. Both parties are essentially big government, and because of this, any attempt at limiting police powers is likely to fail.

You'd need some serious abuses and a decent civilian body count to generate the kind of outrage needed to right the ship.

That said, I think I will write my elected officials.
 
Marko's opinion piece is a great read and he raises some excellent points on the doctrine of SWAT deployment.

From this story, I think the police who conducted the raid were justified in their level of force. Dude pulls a gun on police, he should expect to be shot.

It's a judgment call to use SWAT and yes there are times they are needed for safety reasons. But I strongly feel those in leadership choose to use them too frequently. This hits a nerve because my community is going through a similar situation (won't elaborate since the Mods have made it clear that's not welcome).
 
No-knock warrants are a good way to escalate something simple into something tragic. If I hear someone break into my home, I, like many other gun owners, would probably open fire on the invaders, and end up dead by cop bullets. If I am served a warrant, I will not be happy, and I will probably sue someone, but no bullets will be exchanged. Much better way to handle things in my opinion!
 
I personally just think the methodology used in that circumstance reguarding moderation, could have been a wee bit less intimidating.

i believe the 1., 2. .... thing was too strong but just my opinion. I saw no intention of cop bashing although I have indeed seen it on this board numerous times. In fact thats prob why there was a "quick draw" to prevent it. With over 150 yrs of police, law enforcement, in my immediate family, I know respect for the badge. Yes indeed many out there dont...

I digress...Bill Clinton Was from that particular state. enough said:p
 
Moreover, actions like these go directly to how anyone should handle a home invasion.

Really? Because reading the parts you bolded I fail to see a connection between the bolded sections and how to handle a possible no-knock warrant (not to mention a lack of any legal question) and it doesn't look like any of the other members here felt compelled to comment on that aspect either.

Thus, I feel the assessment of a home invasion v. no-knock warrant should be taught right alongside escalation of force and every other issue relating to self defense.

That would seem RKBA related to me; but that isn't the discussion that is taking place right now. For that matter your own commentary didn't mention that subject at all, so you can see my confusion over the RKBA connection.

Not that you are alone in posting stories with no obvious direct RKBA connection and little commentary to keep the thread from going immediately off-track by members who apparently missed the connection as well. If I were to go back and delete every post in this thread that did not discuss "the assessment of home invasion v. no-knock warrant" - what would be left of this thread?
 
It should have only taken the loss of one innocent victim in a no-knock warrant invasion to have stopped the whole thing. Now it not only has constitutional blessing but nobody cares when it does happen.
 
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