Another Isolated Incident...*Because* He Was a (Legal) Gun Owner

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Flyboy

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http://www.explorehoward.com/news/15341/home-raid-leads-complaint/
Home raid leads to complaint
Police had warrant; dog shot in search

By Mike Santa Rita
[email protected]
Posted 2/05/09
After a Howard County police raid on his house three weeks ago, Mike Hasenei says he has a sprained wrist, a dead dog, a bullet hole in his bed and a 12-year-old daughter who is scared every time she hears a knock on the door.

Hasenei, 39, of the 6600 block of Deep Run Parkway, Elkridge, said he was sleeping shortly after 9 p.m. Jan. 15 when a police tactical team kicked in the door to his house.

He woke up and walked into his living room to find it swarming with officers, he said. When he asked what was going on, he was ordered to get on the ground, and when he asked again, he said, he was knocked to the ground and told he was under arrest.

Police then searched his house, looking for items stolen from two marked police cars that were reported broken into on Jan. 14 in the Elkridge community of Mayfield, according to Hasenei, who said he works as a computer analyst at Marriott International.

During the raid, Hasenei said, police shot his Australian cattle dog, in his bedroom.

Earlier that night, police also raided the nearby house of his stepson, Michael Leon Smith Jr., and turned up nothing, Hasenei said.

Police spokeswoman Sherry Llewellyn confirmed the raid on Hasenei's house, noting that police had a search warrant signed by a judge.

Llewellyn would not confirm whether the raid was related to the items stolen from police vehicles on Jan. 14, citing an ongoing investigation.

No one was arrested in the raid, she said, and no arrests have been made relating to the thefts from the police cars, which she said police are still investigating.

Llewellyn confirmed the dog shooting, but said the dog charged police, forcing them to shoot it.

Police suspected guns

Llewellyn said police had reason to believe a gun was in the residence, which was why they did not knock.

A copy of the warrant provided by Hasenei listed items to be seized, including a Sig Sauer Rifle and three ammunition magazines for the rifle, as well as a police gear bag, county police field procedures manual and guide, and more police-related items.

Llewellyn added that when police have reason to believe there might be firearms in a residence, they take precautions to ensure the safety of the officers and anyone inside the house.

"This often includes the use of the tactical team, which is specially trained to deal with potentially dangerous situations," she said.


Llewellyn confirmed Hasenei filed a complaint about the incident with the Howard County Police Department and that police are investigating.

She said no officers had been placed on any kind of administrative duty following the complaint.

She declined to comment on whether any items were seized in the raid on Hasenei's house, citing an ongoing investigation.

House damaged

At Hasenei's house last week, the door to his daughter's room was off its hinges -- a result of the police raid, he said -- and Hasenei's hand was wrapped in a bandage because, he said, it was sprained when policed cuffed his hands too tightly.

"They looked through everything," Hasenei said of the raid. "They didn't find a single thing. I knew they wouldn't because we don't commit crimes."

What appeared to be a bullet hole was visible in a mattress in his bedroom, where, Hasenei said, police shot his dog, and a bloody sheet was stored in the front deck of his home.

"They shot three times. Two hit the dog, one hit the bed," he said.

When police raided his house, Hasenei said, they produced a search warrant relating to Hasenei's stepson. But Hasenei said Smith has not lived at the address for years.

Smith, 20, also of Deep Run Parkway, said police also raided his house that night, but did not find anything. He said police also pushed him to the ground during the raid.

"I stay in my house and keep to myself," Smith said.

Smith said he does not have a driver's license.

He said his state-issued identity card, however, lists his stepfather's address as his home.

Llewellyn declined to comment on any raid on Smith's house, saying only that multiple warrants had been served that night.

Hasenei said he has contacted a lawyer and plans to file a lawsuit. His lawyer did not return a call seeking comment.

Police Chief William McMahon, through Llewellyn, declined to comment on the raid.

Another dog dead, and another homeowner terrorized. Are we now to the point that merely owning a gun--legally--is grounds for a no-knock ninja assault?

What are the implications to the millions of legitimate gun owners in the country (including the 80,000 or so on this board)?
 
Nowhere does it say they didn't knock because he legally owned a gun, but because the household was suspected of containing stolen weapons from police vehicles.


I still hope whoever authorized the raid has nightmares about the dog that was killed by his incompetence.
 
Llewellyn said police had reason to believe a gun was in the residence, which was why they did not knock

WTFO?


I don't understand why owning a gun makes people dangerous.
They had served "several warrants that night" this seems like b.s.
IANAL, can you just serve warrants en masse in order to find stuff? it seems like there was no justification or probable cause to even warrant a search.
 
Don't you see! They had to do a no knock in the middle of the night, or else he might have flushed the guns down the toilet :rolleyes:
 
I noticed that line too -- and I suspect bad reporting is to blame.

It wasn't the mere fact that a gun was expected there that led to the assault. It was the fact that a STOLEN POLICE RIFLE was expected there, in the hands of the suspected thief (the stepson).

The new rules related to proving residency for ID cards and drivers licenses should prevent this, once every old license is renewed under the new rules. Under the new rules the stepson would not be able to list his stepfather's address as his home. Another benefit of the Patriot Act and the Global War on Terror.
 
Followup: I jumped on the story Radley Balko posted at , but upon further reading it's unclear whether Hasenei was a legal gun owner, or merely suspected of having stolen the gun from the cruiser. Either way, the police statement that SWAT is justified if the target is suspected of owning a gun stands.

On the other hand, Balko did have a very good observation:
He wasn't arrested.

So the police say they used a no-knock and a tactical team to secure the place quickly because they knew Hasenei was a gun owner. Yet Hasenei was able to get up from bed, walk out from his bedroom, and enter his living room before making his first contact with the tactical team. Which shows that all they really succeeded in doing was to provoke a potentially violent confrontation with a guy who at the moment looks to be innocent of any crime.

It's a good thing he didn't grab one of his guns on his way out of the bedroom.
 
I was asked to identify the location over on the other site; this was in Howard County, MD. Just next door to Prince George's County, where the mayor of Berywn Heights had his dogs shot in the back by cops on a no-knock raid. The raid has turned out to have been inappropriate (chalked up to a complete lack of investigation by the police), but they refuse to apologize for shooting the dogs as they were running away.

Maryland, get your house in order.
 
I was nearly shot to death by cops in Rockville, Maryland almost twelve years ago based on an incorrect report made by an idiotic neighbor.

They sure get a kick out of the tactical side of law enforcement down there.
 
We still don't know what part Mr. Hasenei had to play in this. Are the cops going to get apologies from all of you if it turns out they were right and he did steal the rifle?
 
thats funny we always made fun of the montgomery county cops. i grew up in pg. now thats a good place to get a beating or shot.
 
Are the cops going to get apologies from all of you if it turns out they were right and he did steal the rifle?

No.

No-knock warrants are still wrong even if you have the right house. Anything that a no-knock raid might net the investigation over a standard warrant service is not worth the lives of the inhabitants or the police.
 
Any members here have any SWAT or raid/no knock warrant type training?

I'm curious as to what the standard protocol is for dealing with dogs.
 
It makes me wonder how many people here actually understand that a police raid isn't supposed to be enjoyable. Perhaps I'll suggest tossing rose petals and kittens to everyone in the house.
 
Maelstrom: "It makes me wonder how many people here actually understand that a police raid isn't supposed to be enjoyable."

It needn't be a terrifying and intimidating experience, either. Even if they get the right guy/right house, the target may be frightened into escalating the situation. This is the Koresh argument all over again. These "no-knock" sieges are far more dangerous and far more expensive than just putting the guy under surveillance and scooping him up when he's pretty sure to be unarmed and surrounded by cops instead of accomplices. Then you pick the lock with your warrant in hand and search his place.
 
Nowhere does it say they didn't knock because he legally owned a gun, but because the household was suspected of containing stolen weapons from police vehicles.
The question is why serving a search warrent looking for stolen weapons requires a no-knock raid in the first place. It seems unnecessarily violent and increases the risk of Bad Things Happening, especially without some additional rationale to expect violent behavior (e.g. the homeowner/suspect has violent priors, etc.).

The poster child for Bad Things Happening unecessarily would be something like what happened to Sal Culosi.
 
These "no-knock" sieges are far more dangerous and far more expensive than just putting the guy under surveillance and scooping him up when he's pretty sure to be unarmed and surrounded by cops instead of accomplices

Here we agree 100%.
 
These "no-knock" sieges

interesting turn of phrase a no knock is the opposite of a siege but it makes a nice sound bite
 
Of course not. After all, the Germans invented the "Blitzsiege", roughly translated to the "lightning-fast-sit-around-and-wait-for-your-enemy-to-submit".
 
Hasn't been on the news, or in either of the major papers (Washington Post, Washington Times). I haven't checked the Baltimore Sun or the tiny local papers.
 
Are we now to the point that merely owning a gun--legally--is grounds for a no-knock ninja assault?

Well, yes, clearly, and we have been for some time, unfortunately. All because his son put his address on the son's driver's license. I hope he sues their pants off and the judge and police chief are run out of town on a rail. :mad:
 
Mod?

Yet another cop bashing thread. Nothing to do with firearms education, technology, learning, research.

Assuming this story is unbiased and "true" it's called a no-knock warrant. It's legal, and it's meant to keep guys alive. Yeah....this suspect may have been an exception to the rule as far as "bad guys" go, but usually these guys are going up against drug lords, hostage takers, suicidal persons, gang members, etc. that WILL shoot at the police unless taken swiftly and placed into custody.

These warrants keep men alive by virtue of "suprise". It's not meant to be pleasant. Its meant to be distracting, confusing, and overwhelming to gain the edge and keep the team safe. If met with potential deadly force, they will respond as trained. They are professionals.

If this guy was suspected to have weapons, LEGAL OR NOT and he is a suspect in a case, then the SWAT team is concerned about getting shot. Deal with it. And there are tons of threads here about "if dogs attack", and the majority of people agree that if attacked by a dog, they would shoot. How does this not apply to a police officer too?
 
Yet another cop bashing thread

Absurd. It's NOT a "cop bashing thread" - it's a thread about how gun ownership - and nothing more - can subject you to health, property, and life-threatening situations. It's a "government-run, highly militarized, anti-gun-police-agency bashing thread" as well it should be.

Nothing to do with firearms education, technology, learning, research.

What makes you think something has to fall into one of those 4 categories to be related to firearms ownership?
 
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