Wrong house. Deputy shoots dog, injures mom and child.

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Blackfork

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Sheriff's Office: Address mixup preceded deputy shooting
Code enforcement team at the wrong house

By Ellen Thompson
Record Staff Writer
May 05, 2007 6:00 AM

STOCKTON - The deputy who accidentally injured a mother and child and shot a dog in east Stockton this week was at the wrong house, the San Joaquin County Sheriff's Office acknowledged Friday.

The deputy was part of an eight-member code enforcement team called Tuesday to Munford Avenue on a complaint about drug use in a trailer near the 2706 Munford Ave. address.

"The paperwork did indicate this address," sheriff's spokesman Deputy Les Garcia said Friday.

Garcia said the original complaint was for a house in the 2600 block, but a computer search produced the wrong address.

Kari Bailey, 23, and her 5-year-old daughter, Hayley, were hit in the legs with bullet fragments and suffered minor injuries when their dog was shot in the paw on the front stoop. Garcia said the dog had threatened a deputy.

The Baileys' house is among several rental houses on a single property. The Baileys have said since the incident that deputies were at the wrong door.

Until Friday, the Sheriff's Office said the code enforcement team was at the right address. Garcia said team members have since been interviewed by investigators, and he and Sheriff Steve Moore learned their findings Friday.

The Baileys could not be reached to comment on the development, but their lawyer, Michael Cardoza, said the news concerned him.

"If they go to the wrong house, the people there are not expecting police, and certainly not with weapons," he said.

Garcia released a few more details of the shooting Friday. He said 19-year veteran Deputy Terry Breitmaier fired a single shot at the dog's paw and that pockmarks in the house door jamb were from bullet fragments.

Garcia said Breitmaier was positioned outside the house with a handgun drawn before the dog approached him.

Members of the team reported seeing what appeared to be someone running to the back of the Bailey house when they arrived. A sergeant and deputy went to the back while Breitmaier stood out front, Garcia said.

The abatement team addresses unsafe living conditions and includes armed deputies for the safety of environmental health workers, Garcia said. A team includes a sergeant, two deputies, two environmental health workers and two code enforcement officers, and often a California Highway Patrol officer.

Cardoza said the family has not filed a lawsuit, but he is asking the Sheriff's Office to pay the dog's veterinary bills and to preserve all the evidence they collect in the investigation.

Daisy, the Rottweiler mix who was shot, returned home Friday after being treated by a veterinarian.

Contact reporter Ellen Thompson at (209) 546-8279 or [email protected].
 
We already know the wrong address thing has happened in the past before.

The scary thing is now they're using alternative methods to bypass the search warrant step. Instead of obtaining an ill-issued search warrant to search for drugs based off a completely arbitrary tip from an unknown person, we now have "code enforcement" as an excuse to gain entry. Once that's granted, they'll go after their true agenda and search for drugs.

The same thing happened a while ago with the 90 man police raid on the Rack N Roll billiards hall. They gained entry under the "Alcoholic Beverage Control inspection", then proceeded to go snooping around for illegal doings perpetrated by undercover officers and informants.

Radley Balko had a nice summary about that hack job on the Rack N Roll operation: http://www.theagitator.com/archives/026298.php#026298

Here is one link to the wrong house raid: http://www.recordnet.com/apps/pbcs.dll/article?AID=/20070505/A_NEWS/705050317
 
The dog probably saved those people's lives by greeting the officer breaking into the wrong home.

Garcia said the original complaint was for a house in the 2600 block, but a computer search produced the wrong address.

So they thought instead, let's just pick a house and bust on in and see what we find. :cuss:
 
I have to say its better than I expected. When I saw "team" I thought the rest of the story was going to include a swat team ripping an outer wall off the house.
 
Old, out-of-shape and wussy guy that I am, stories like this one make me want to take my chances in a state of total anarchy, rather than be "protected and served" by the criminals with badges who seem to make up entirely too large a proportion of the ranks of the Peace Officers these days.
 
Orthonym,

At this point, I really think anarchy would feel like freedom. What we have now in no way resembles freedom IMO.

So basically, it was the computer's fault? Nice dodge, as usual.
 
"The abatement team addresses unsafe living conditions and includes armed deputies for the safety of environmental health workers, Garcia said."

Whatever you say, Boss.
 
why do i have the feeling that the so called "inspection" aspect of this scheme is just a dodge because they couldn't get a warrant because they have no evidence.

<added>
OTOH, around here these kinds of things have been used, infrequently, to clean up drug houses and other legitimate public nuisances.
 
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OTOH, around here these kinds of things have been used, infrequently, to clean up drug houses and other legitimate public nuisances.

Then they can just get a legitimate, properly sworn warrant.

I don't know if they call it a warrant but it is a similar procedure where a code enforcement officer swears out a complaint and some kind of allegedly legal form allows them to go look at the property.

This is another one of those slippery slope things. Nobody wants a drug house next door and think it is a great idea to do whatever it takes to get rid of it, but anytime government does anything it is backed up by armed men to enforce things. Mistakes are bound to happen.

I got a kick out of the excuse the deputy used for shooting the dog - someone ran to the back door. So what? Running to the back door is not illegal.
 
Police no-knock

Makes one wonder! As a law abiding citizen, I am sitting at home, late at night when there is a blast or pounding on my door. I am in fear of my and my families lives and decide that deadly force is warrented by trying to stop the intrusion. (In NC one can use deadly force to prevent entry to your home if you are in fear of imminent death, great bodily harm or sexual assualt.) It turns out that the "intrusion" is by LEOs with the wrong address or a boggus charge. I am overwhelmed by the shear volumn of returned fire and killed. I was right in defending my home as I was in fear of imminent death, great bodily harm or sexual assualt when I fired my weapon. They say "sorry" and leave. Now the media is told a different story about drugs or whatever and the police are exonerated because I fired first. Where is the justice in that? Where are my rights? Now, this sort of thing occured not too long ago when the police killed a 80-90 year old woman who had been subjected to violence by local gangs. The police had the wrong address, she fired when they broke in and they killed her. Have not heard much about that lately.
 
Tall Pine said:
Another isolated incident ... nothing to worry about

Check my link to the Cato Institute database, which calls no-knock raids "An Epidemic of Anecdotes."

Thousands of these raids are going on yearly, with asset seizure and forfeiture providing strong incentive. Many innocents, including some cops, have died or been wounded by these tactics.
 
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Remember:

The cop is right. Whatever he did, there is a plausible explanation for why he did it, and he made the right decision.

And cops should shoot every dog they see. God knows they don't deserve to be looked at the wrong way by a four-legged animal. Cops are better than that, and their pistols will do the talking.

Innocent civilians who are in the way deserve some shrapnel. They should get the hell out of the way while the cops are busy shooting dogs. Then they should prostrate themselves in front of the cop like a Muslim towards Mecca and thank the cop for risking his ass to save them.

Besides, there are real serious criminals around, and a few injured young moms and their kids are a small price to pay to catch people in Northern California who are reportedly using drugs somewhere in the general vicinity.

I mean, that way, we can catch them before they do something really terrible, like saying "damn" in front of a lady, or maybe even littering. And today it's just one house, but if we don't stop them now, there will be a LOT of people in Northern California using drugs. That can't be allowed to happen.:eek:

It's good to see that the "code enforcement team" in Stockton is taking out the trash.:barf:
 
did anybody else notice that the daughter's name is Hayley Bailey?

I don't care who you are... that's just funny.

Injuring her and her mom though..... not quite as much. Especially considering they were the wrong people.
 
Injuring her and her mom though..... not quite as much. Especially considering they were the wrong people.

Of course, "drug use in a trailer" is an infraction, akin to a traffic ticket.
 
What would happen if you shoot an officer in self defense breaking into your house?? They gave no warning, there was no blood lust, just simply fearfull for your life due to a armed B&E before you realized it was an officer in the wrong house??? Who is in the wrong more, you or the officer???
 
What would happen if you shoot an officer in self defense breaking into your house??

If you're black and in Jefferson Davis County, Mississippi, with no prior criminal record, you get death by lethal injection. And that's for shooting someone who broke into the house, and then broke into your small child's bedroom where you had retreated to protect her, all without ever announcing his identity.

And no, we're not talking 1901 here, or 1951, or even 1981. We're talking 2001.

Thank God, a judge did overturn the death penalty late last year. But for a long time, he couldn't even have an appeal heard.

http://en.wikipedia.org/wiki/Cory_Maye
 
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