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

Repeater

Repeater

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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 LEXIS 1095 (8th Cir. January 20, 2009) (unpublished):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.
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M

mark edward marchiafava

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PrayingForWar wrote:
Was the guy a dope dealer? If so I have no sympathy for him.
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The never-ending war on drugs/terror/guns, coming to a home near you. Soon.
When THAT happens, you'll sing a different tune, trust me.
When I read a story where they were met with equal/superior firepower, it warms the cockles of my heart. I'm still enjoying the memories of the BATFEXYZ, waving white flags, dragging off their dead and wounded at Waco.
 
F

forever_frost

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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.
 
C

Citizen

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Nov 15, 2006
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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.
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Why wait for the courts?

Is there anything to prevent citizens taking it up with their state legislatures?
 
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