Another no-knock warrant and cover up

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Calling your congresscritter to pass legislation on this is barking up the wrong tree. No-knock warrants and SWAT deployment are a national epidemic, but the solution is a change in leadership at the local level.

Judgment on SWAT use and warrants is (and must be) a local one. This has to change district-by-district. Remember, Sheriff is an elected office.

P.S.
When I joined THR, I wasn't aware of this issue. Stories like this made me consider the implications of gun ownership and RKBA in the light of modern police force doctrine. I'm sure there are new members that will be similarly enlightened by such postings.
 
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.

Then I don't want to hear one more gripe about .45 GAP, Taurus' warranty support, or advertisement/warning ridden slides.
 
Calling your congresscritter to pass legislation on this is barking up the wrong tree. No-knock warrants and SWAT deployment are a national epidemic, but the solution is a change in leadership at the local level.

Judgment on SWAT use and warrants is (and must be) a local one. This has to change district-by-district. Remember, Sheriff is an elected office.

Good point, though it may still limit the participation by DEA, ATF, FBI, etc.
 
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.
My sixtysomething father, who has never committed a serious crime in his life, has all of the above in his house. A scanner, a gun, scales, and baggies. And he is most assuredly NOT manufacturing drugs.

I do believe that no-knocks need to be severely scaled back, and that knock-and-announce warrants be required to give the occupants of the house sufficient warning to ID the police and present themselves in good order at the door (twenty or thirty seconds at 3 am isn't).

I suppose my question in general would be, what is the most effective way to produce movement on this issue? Have a pro-civil-rights legislator introduce legislation at the state level and get behind it, or work it at the state/local level? Are there any high-profile police officials that would be willing to speak out against this on a national stage? Is the ACLU on it yet? And so on.

I am very much in favor of legislative action and/or civil suits to end this. But I, like a lot of other critics of the practice, are not sure how to translate opinion into political/legislative results. Suggestions welcome.
 
XD Fan said:
It should have only taken the loss of one innocent victim in a no-knock warrant invasion to have stopped the whole thing.

Hmmm... Sounds oddly like the argument that the anti-gun movement uses. "If it only saves one life, it is worth taking away everyone's guns". Perhaps we should ban cars because of drunk drivers too?

hitbackfirst said:
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 understand your sentiment, but consider why no-knocks are used...

These tactics are used either because of the potential for a loss of evidence if a 'knock-and-announce' tactic is used, or due to the danger that is already believed to be present (In other words, it is better to be the ambusher than to be the ambushee). The overly biased article posted by the OP claims that "no" exigent circumstance where present to justify the use of a no-knock tactic in this situation. If that is indeed true, then the judge should not have signed the warrant in the first place (keep in mind that police officers do not represent the entire judicial system by themselves, and we have to satisfy legal requirements, and a judge, to get a warrant signed).



The one significant thing that seems to be passed over in every one of these heated debates is the fact that each of us shouldn't be worried about a no-knock warrant unless YOU are doing something wrong.

The agencies/officers that have been responsible for a botched warrant (wrong address, bad shoot, etc) have often been held accountable, even if the popular internet opinion says otherwise.

Obviously, outrageous cases are what make headlines, and in a country of nearly 300 million people, bold mistakes can be found in nearly every profession (teachers molesting students, doctors prescribing dangerous medications, etc). Heck, we've all seen the bold-n-bad headlines on gun-related issues probably thousands of times!

The article posted in this thread is obviously quite biased, and doesn't take a neutral look at the cost/benefit of these tactics (or risk/reward, if you prefer).

I'm not saying that 'wrong house' mistakes are acceptable, but as someone who works in LE, I can see where these types of warrants have been necessary in many instances!

I will concede that many of you are not wrong in saying that a major tragedy could occur if the police were to negligently run a no-knock warrant on your house, rather than the intended meth house next door. But, an issolated handful of mistakes across our very populated nation does not convince me that the entire system is completely broken!


alsaqr said:
Yep, The US has spent hundreds of billions on the "war on drugs." What a resounding success it has been

Where does this relate to this topic? Many drugs are illegal for good reasons, and I don't feel that your comment provided anything relevant to a discussion about how the law is enforced (you seem to say that you'd either prefer that there were no drug laws, or you are just complaining that not enough enforcement has taken place?).

I had a meth lab explosion in a neighborhood that I lived and worked in ten years ago. Took out both apartments on either side of it (which were fortunately unoccupied at that moment). Illicit drugs are causing a lot of problems in a lot of communities, and your post served only to detract from the actual issue at hand in this thread.
 
Then I don't want to hear one more gripe about .45 GAP, Taurus' warranty support, or advertisement/warning ridden slides.

Not the same thing and you know it.

Telling other potential customers about quality issues with a company CAN have an impact if that company loses a few customers, and someone let's them know why.

Reporting experiences with certain rounds lets others grow their knowledge of firearms and ammo. 30 people say xxx sucks, 50 people like it. OK, there's some useful information there.

Those gripes at least can serve a purpose where these don't.
 
The one significant thing that seems to be passed over in every one of these heated debates is the fact that each of us shouldn't be worried about a no-knock warrant unless YOU are doing something wrong.

In your department, that may be true. But in some areas, the standard of evidence required is remarkably low. Sometimes, all it takes is a prank 911 call. That's not the police's fault, mind, as they have to take hostage situations seriously. It's just something of which we as gun owners need to be aware.
 
shdwfx said:
In your department, that may be true. But in some areas, the standard of evidence required is remarkably low. Sometimes, all it takes is a prank 911 call.

Wow! That's something.

But, honestly, how can you fault the police or SWAT team for that response?

Is sending a SWAT team really out of line on a case like that?

Lets review:

1) Caller manipulated a computer system to make it appear to the police as if he was calling from the home in question.

2) Caller claimed to have just killed someone, and alluded to the fact that more killing was imminent.

3) This kind of thing has really happened in a number of cases. I've personally responded to calls where the caller called in and said 'I have a gun, and I'm gonna kill this dirty SOB who is with me, try to come and stop me and I'll kill you too'.

If you were a responding officer, how would you approach that house? Would you knock on the door and say "hi, are you the blood thristy killer who is planning to kill some more?" Pesonally, I'd bring about five cover units, grab some long guns, and make a more tactical approach. The SWAT team typically isn't present at the outset of these kinds of calls, it is your patrol guys (though in some smaller rurual departments they are often the same guys).

This situation points more towards infrastructure problems than to tactical problems (in other words, the problem was simply that someone was able to manipulate the computer system. The response, on the other hand, was appropriately reasonable given the information that the police had available).
 
But, an issolated handful of mistakes across our very populated nation does not convince me that the entire system is completely broken!
How "broken" is it permissible for it to be?

How many innocent dead citizens is it worth?

I've got a bunch of documented death threats from White supremacists. They've even posted my address and maps to my house in usenet.

I don't use drugs.

I don't sell drugs.

I don't knowingly associate with people who do.

Now, not engaging in any illegal activity myself, what exactly do you propose I do when people crash through my door in the middle of the night, waving guns? Are you aware of some genetic condition that makes it impossible for members of the National Alliance or National Vanguard to either shout "search warrant, police!" or to wear garments which say "police"?

I'l bet your suggestion is in that situation that I just bend over and take whatever's coming from whoever brings it. And if it turns out it's the White Power Rangers instead of the DEA or the cops, I should die happy, secure in the knowledge that I didn't accidentally shoot anybody in law enforcement afflicted with dislexia or pure laziness, right?
 
coloradokevin said:
But, honestly, how can you fault the police or SWAT team for that response?
I'm not faulting the police for that (and said as much). It was merely a counter to the wrong statement "each of us shouldn't be worried about a no-knock warrant unless YOU are doing something wrong". Pranks and mistaken addresses have resulted in errant raids - rare, but it does happen.
 
shdwfx said:
I'm not faulting the police for that (and said as much).

I quoted your entire orginal post... You edited that comment after my post.

I'm glad you agree that it isn't their fault, but the ommision was not on my part.
 
Sorry...you're right. I edited it right after posting (so, no edit time stamp) and didn't see your comment before the edit.
 
I don't have a non-functioning police scanner or broken guns but I do have several scales, plastic bags, and unassembled pipe bombs (aka some left over pipe from an old plumbing project).

Really the only answer to this problem is public pressure on legislatures to ban the use of virtually all no knock raids, to include raids where the knock and the door kick happen almost simultaneously, which is a common practice.

I think ten minutes is an adequate time to wait to allow someone to get out of bed, dress, and get to the front door.

A side issue is the use of paid informants, and so called confidential informants who often turn out to be mostly figments of the imagination of those getting warrants. You want a no knock warrent, the so called CI shows up in front of the judge and tells his story.

How you get the legislature to deal with this kind of thing is another story. They don't really want to.
 
IMO, given the risk to the lives of citizens and police officers alike, I don't think "preserving evidence" should be an allowed reason to get a no-knock warrant. Do you think putting officers and others lives at risk is worth preventing a couple bags of marijuana from being flushed? (of course that assumes it actually happens)

If anyone has it, I would appreciate reading more about this case in Arkansas. If there is a gag order, that might not be possible.

Was the judge who ordered the gag order the same one who signed the warrant? That would be interesting.
 
TexasRifleman says: "Suggest ways to fix the problem, post something in Activism etc. Just bitching about it doesn't really do much."

Some people recognize a problem, but don't have the solutions. Other people could come up with solutions, but aren't aware of a problem. An open forum is a great place to bring the chocolate and the peanut butter together. Why knock open discussion? I love open, frank speech. I hate the censorship of it.
 
Why knock open discussion? I love open, frank speech. I hate the censorship of it.

You're certainly free to leave. This isn't an open forum, we're here at the invitation and frankly the tolerance of the owner. All of us.

The owner of this site has made it clear he doesn't want this stuff. We're in his house and most of us are grateful he provides it. Seems simple enough to me. I think it's a bit of a stretch to call it censorship.

If I tracked mud into your kitchen and you asked me not to do it again it would be a hell of a thing for me to keep doing it yes?

The connections to RKBA with this are tenuous at best anyway and even less so for the Legal forum.
 
The obvious answer to this and similar situations is to submit, comply, and be passive. If you were raided, you obviously did something wrong! I'm sure that, in time, those good guys (who just want to do the right thing) will inform you of why your dog was shot, your house was broken and trashed and you were terrorized in your bed. Just relax and answer all questions and everything should be fine.

The Cops are always right!

Remember, they're from the Government...they're there to help you!
 
TexasRifleman: "I think it's a bit of a stretch to call it censorship."

I'm not calling this censorship. Obviously I've not been censored, nor have you. I'm saying I advocate open and frank speech. I'm glad it's been allowed in this thread. I'm glad another forum member has been allowed to share this story, although he didn't have immediate solutions. As per your own admission, you'd rather he not have posted it unless he had a solution to go with it. I'm frankly, against requiring that people match solutions to their presenting something they feel is a problem. It's antithetical to good problem solving. I like this forum, but I'm in no one's house, treading ever so softly so as not to wake the master and his wrath. I don't know the forum boss, but I think he's a lot more reasonable and amicable to discussion than that. I don't feel I need to leave at all. I really like THR.
 
I'm not calling this censorship. Obviously I've not been censored, nor have you.

My apologies then, I misunderstood what you were saying.

I just don't want to see any locked posts, locked accounts, or hurt feelings over these. That's what happened when the political forum was still around.
 
The First Step:

The first step in defending freedom, liberty and constitutional law in our country is to be aware of the facts. This post and a lot more on The Agitator do just that.

Thanks for posting.
 
I hear you TexasRifleman, I don't want hurt feelings or close threads either. I guess I get a little frisky when it comes to discussing, and I like to be able to discuss. Overall, I think this thread is positive in it's language.

And as far as cop-bashing, nobody wants to see that here. But pointing out one cop (or one precinct) mishandling a situation is not cop-bashing. Just like pointing out where a guy (or a group of guys) busted into a liquor store to rob the joint at gun point is not considered civilian-bashing. There are bad cops and bad civilians. If an act by one from either category is of public interest, by all means, let's make it public.
 
Suggested Solutions

On the local level, I would suggest that most prosecutors are small time politicians who want to hang onto their jobs. Credibly threatening a recall or impeachment vote, might work. Taking up a donation to fund a legal fund or even malicious prosecution case could be helpful. On the State level, how about finding a friendly pol to introduce a bill to deny immunity to any law enforcement entity who enters the wrong address. Even more, mandate criminal charges against leo who enter the wrong address or use a bogus warrant. I'm sure LEO would disagree, but consider, a search warrant gives legal permission to enter a particular residence. Going to the wrong one could be considered breaking and entering, burglary, assault, etc if committed by anyone else. How about equality for all?
All of this is simple but not easy. Neither was getting ccw or rkba. Small advances grew to large ones. Federal civil rights charges are always a possibility as long sufficient funding and interest can be brought to bear. This particular case might be an example of case which could be used to bring this to the fore. Granted, a lot of work would need to be done to verify this story first. How bout a simple phone call to that PD to see what they have to say. Anybody interested? If not I may have the time tomorrow to try it.
 
As of late there has not only been a rash of cop bashing, but also of LEO apologists who take ANY comment negative toward ANY LEO (even one proven to have commited some atrocity) and blast those who dare to question authority. As I have stated on many occasions, I have a number of both friends and family in LEAs and have the highest level of respect for those officers who do it the right way, and nothing but scorn for those who soil the reputation of the uniform. We all need to take a look at the comments of those posting on both sides and be fair.

Discussions on subjects such as this are a good way for both sides to find a good middle ground. I give my full support to LEOs, and am thankful for both the service and the sacriface that most provide, I merely ask that they be held to a standard appropriate to the seriousness of their position. I do not think that is cop bashing.
 
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