Results 1 to 10 of 10

Thread: Trashing house during SWAT no-knock raid was not shown to be unreasonable

  1. #1
    Regular Member Repeater's Avatar
    Join Date
    Nov 2007
    Location
    Richmond, Virginia, USA
    Posts
    2,519

    Post imported post

    From Fourth Amendment Blog:

    Defendant's house was trashed during the no-knock raid by a SWAT team looking for drugs and weapons. It was not shown to be unreasonable under all the circumstances. Officers have discretion how to serve a search warrant. Cook v. Gibbons, 2009 U.S. App. LEXIS 1095 (8th Cir. January 20, 2009) (unpublished):

    We conclude that the law-enforcement officers, armed with a valid no-knock search warrant, initially acted reasonably on their belief that Cook was armed and dangerous, given the events that transpired with the CI the night before and morning of the search, given Cook's history of owning a lion and having significant numbers of firearms and storing some of them within the walls in trap doors, and given that they did not see him leave his residence. In other words, it was not "unnecessarily destructive" and was thus reasonable for the breach and entry teams to have introduced OC gas and flash grenades, apparently breaking two windows in the process, before ramming a side door and thereby damaging latches.

    ...

    Further, Cook did not refute defendants' evidence that once the residence was breached, it took the entry team an additional thirty minutes to determine no one was present, and we conclude that an objectively reasonable officer, presented with the facts of this situation, could have thought it necessary to tear through the ceiling to access the attic, to use additional diversionary devices in the attic, and to make a hole in one wall to be sure that no persons or weapons were present.

  2. #2
    Banned
    Join Date
    Jan 2009
    Location
    , ,
    Posts
    110

    Post imported post

    gives me a boner

  3. #3
    Regular Member
    Join Date
    May 2008
    Location
    Manhattan, Kansas, USA
    Posts
    309

    Post imported post

    PaulBlart wrote:
    gives me a boner
    Dude, you need to move to Russia, they get to do that stuff all the time! I'm serious!

  4. #4
    Banned
    Join Date
    Jan 2009
    Location
    , ,
    Posts
    110

    Post imported post

    Walleye wrote:
    PaulBlart wrote:
    gives me a boner
    Dude, you need to move to Russia, they get to do that stuff all the time! I'm serious!
    we get to do it here too

  5. #5
    Founder's Club Member PrayingForWar's Avatar
    Join Date
    Sep 2007
    Location
    The Real World.
    Posts
    1,705

    Post imported post

    Was the guy a dope dealer? If so I have no sympathy for him.
    If you ladies leave my island, if you survive recruit training. You will become a minister of death, PRAYING FOR WAR...

  6. #6
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,193

    Post imported post

    Hmmm, yes, Pastor Niemoller on druggies, domestic terrorists and pro-gun advocates.

  7. #7
    Regular Member
    Join Date
    Aug 2008
    Location
    Texas, United States
    Posts
    130

    Post imported post

    All we need is just once for the Supreme Court to say "enough" and reel the officers in. No knock search warrants may have their place, but they are used far too often for little reason. Tearing through teh walls and ceiling was just too much and the officers should have had to pay to repair the house to at least pre-invasion conditions.

  8. #8
    Regular Member SFCRetired's Avatar
    Join Date
    Oct 2008
    Location
    Montgomery, Alabama, USA
    Posts
    1,770

    Post imported post

    "Happiness is a warm shotgun!!"
    "I am neither a pessimist nor a cynic. I am, rather, a realist."
    "The most dangerous things I've ever encountered were a Second Lieutenant with a map and a compass and a Private who was bored and had time on his hands."

  9. #9
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766

    Post imported post

    SFCRetired wrote:
    SNIP Yes, the courts, especially SCOTUS, need to reel in some of the excesses that are now being allowed. No-knock warrants need to be severely restricted before more innocent people get killed.
    Why wait for the courts?

    Is there anything to prevent citizens taking it up with their state legislatures?
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •