firearms_instructor
Member
Thank you, Pax.
And that sums it up perfectly.
It's because they aren't rare enough.
And that sums it up perfectly.
It's because they aren't rare enough.
emphasis addedMr. Kelley told the council that from January 1, 2001 to April 30, 2003, there were 12,950 warrants issued and that 90 percent found contraband. He said a vast majority of the warrants were "no-knock" involving narcotics. He also admitted that flash grenades have been used 85 times during 1,900 raids. "Search warrants are tools used to fight serious crime," the commissioner said.
I have asked and asked again that you at least read the posts but you don't. If you won't give us civilians that respect then why should we give you ours.
The problem is the majority of cases where people complain about no-knock searches AREN'T no knocks. They are knock and announce warrants where the occupant refuses entry and the police must force their way in to the residence. If we knock and announce, and no one comes to the door, we aren't going to sit around and wait for evidence to be destroyed, or a better ambush to be planned. If the occupants come to the door in a reasonable amount of time, they are given the warrant and service begins. If they don't the cops still have to their job.Sure. Don't do no-knock searchs.
Well Michigander stated, "That is the way it is now-a-days. " Well you will have to dig for examples of an untested informant being the SOLE basis for a bad warrant. Because of the highly publicized problems in the 80s the Magistrates are much more careful about what info they will accept as PC. Can't speak for every magistrate at the local level, but at the federal level things have tightened up considerably over the last 20 years. Hence my earlier comments about how things have improved, and while it may make my job tougher, the system is better about protecting rights.Considering the documented cases of people who have had their lives destroyed, and in many cases ended, due to ANONYMOUS informants, let alone paid ones, there is ample reason to have the opinon pinblaster expressed.
Do I REALLY have to go and dig up news examples or are you going to at least admit some departments have some real problems understanding how to ascertain the reliability of a tip?
Thanks Eric, it's much appreciated. However, I suspect opinions vary. I also think the folks screaming about FedDC, lillysdad, Steve in PA, etc. are being a bit too harsh. They've been on the job longer than I have, and have been posting here longer than I have, they may have just given up trying to debate rationally. MOST here are being rational, even the ones I think in my humble opinion are WAY off the mark. However, there are a few that are wrapped in hatred, for a variety of reasons that make it hard to stomach these discussions.DMF doesnt qualify as a JBT. Don't lump him in that category.
Well if there was a file on Wilk, yes. But since he wasn't charged in that case it is possible a file wasn't opened, or it became a "dead file" put in the archives after it resulted in no case. Some times searches don't show old cases where nothing resulted. It all depends on what agencies were involved and what their system for tracking these things is like."Wilk, 42, was arrested last year when he allegedly threatened officers who served a child porn warrant at the home."
Is it usual to flag such a guy's case file, if he'd threatened violence in previous encounters?
I have no idea what the state charges might bring, but here is a link to the applicable federal statute, and I know ICE was involved in the task force (and probably USPIS also, but I don't know) that was serving this warrant. http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/110/sections/section_2252a.htmlNext: Out of curiosity, what would be the probable sentence Wilk could have received on the child-porn charge, had there been no violence?
the respect thing is a big part of the problem I have with no-knock warants.I am not impressed with intimidation from anyone,especially someone in a professional line of work.respect is NOT a given thing but it can be taken away very easily.If you won't give us civilians that respect then why should we give you ours.
Comment 2
What about all of the wrong addresses?
You can't compensate somebody killed by the LEO, and, in any case, the LEO himself never pays.
Nor can the government, of whom the LEO is an agent, ever compensate for the invasion, although, if they find nothing, I suspect that they believe that a simple appology is sufficient... You don't have to shoot to inflict harm, and you, personally, should have to pay a price, and it should be high.
Come through my doors at your own risk, since there's no way I can tell you are different from any armed assault. Munitions and costumes can be had, and I'll have no time to check your credentials since you'll have set up the assault, which is what a no knock is, well in advance, while I must "merely"
respond to your initiative.
Question:
OK, you "secure" my home, with me living through it, and unlikely event, and search it.
Assuming that you get in without "work", see, you will, essentially, trash the place. After all, you're looking for "something", are short on time, and nothing beyond your desired find is important.
As in the experience noted above, there isn't anything here.
So, since I live here, who cleans up the mess that you left?
Can I hire a company to clean the mess up, with a direct bill to your PD?
Can I charge you what I charge my clients as a consultant to clean up the mess that you left?
And why should you not be personally financially responsible for your mistakes?
We are. LEOs can be held face both criminal and civil liability for errors. Not just malicious acts, but simple errors. Even when the cops do everything right they can face huge legal bills defending themselves against nuisance lawsuits. Many agents I know carry liability insurance.LEO's should be liable for malpractice.