mzmtg
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http://www.theagitator.com/archives/027165.php
Dead Dog, $5K in Damage, Guns, and Grenades . . . and Two Joints
Sugar Land, Texas:
"It was bang, bang, bang, then there was a boom as they broke the door in, threw the fire grenade, and then shot the dog," said homeowner Margot Allen. "This all happened in anywhere from five to fifteen seconds."
That's how Allen's son and boyfriend describe what happened that day. Sugar Land police acted on a tip. They say they found traces of marijuana and cocaine in her trash after a month-long investigation.
"There's no crack done in my house," she said. "There's occasional marijuana in my house. I don't do it because I don't happen to like it."
Based on the evidence in the trash, a regional SWAT team arrived at the home. Police say they knocked, waited 30 seconds, and then broke in with guns and a concussion grenade. The house suffered $5,000 damage and one officer shot and killed Margot's golden lab, Shadow, when police say it charged toward one of the officers. What did officers find inside?
"A joint half the size of my pinky fingernail and then one about this big," she said, showing a length on her finger. "And not anywhere near this big around."
The Sugar Land Police Department declined an on-camera interview, but they are defending their actions, saying they followed protocol to the letter.
I don't know about you, but if "protocol" means forced entry, flash grenades, and killing someone's pet all over traces of marijuana and cocaine in the garbage, I'd say it's probably time to rethink "protocol."
Even though they had no specific threat, they were prepared for firearms in the house and felt obligated to anticipate any resistance or violence. They say killing the dog was regrettable.
[...]
"They treated us like we were terrorists," she said. "They broke the door down. They shot my dog. They set my house on fire."
Ah, Ms. Allen, but you let your son smoke a joint in your home. There was residue in your trash can. As far as the government is concerned, that makes you no better than a terrorist. And worthy of no better treatment than one.
Also keep in mind, this is not a "botched" raid. The police did exactly what they intended. They got the right address. They found contraband. And they'll get two prosecutions out of this. For them, this case isn't a travesty, it's a victory. It's "protocol."
Cases like this one are worth remembering when debating the overuse of SWAT teams. Botched raids make for sympathetic anecdotes. But the argument isn't that we shouldn't send SWAT teams out on drug busts because they frequently hit the wrong home. It's that in a free society, it shouldn't be "protocol" for the government to break down your door, set your house on fire, invade your home with assault weapons, and slaughter your family pet for the crime of lighting up a joint within the privacy of your own home.
That's the argument.
Posted by Radley Balko on October 26, 2006