The fault lies with one officer. The one who petitioned the court for a search warrant. He is typically the same one who leades the raid so he/she is at fault. Very shotty investigative work. Probably got a tip from an informant and did not follow-up. I disagree in suing the whole department.
Mistakes are made but the police are right 99% of the time. You only hear about the 1 out of 100 incidents that they are wrong. Officer in charge should be reassigned or off without pay in the least or a more significant punishment if local, and I repeat local, senitment dictates.
These are happening WAY too often. It's a once a week thing, now, perhaps because of the Net and the explosion in information access, but JBTs had better realize that the old method of Shoot, Shovel and Shut up, with the local paper going along to get along, ain't cutting it anymore.
Police departments have too much power to have any expectation of forgiveness for "human error."
So what if they kill 1% of innocent people in their own home, it's for the children.Right?
Those stupid thugs decided to make a choice in a situation where there was a 50% chance of screwing up, and you still believe there are only one in a hundred incidents where cops manage to get it wrong.
BULL SHIT.
How many instances does it take before the police become a bigger danger than the crooks they're supposed to be fighting against? Especially considering that the more wrongful police raids there are, the safer it will be for criminals to adopt the same tactics.
Is there any reason not to (1) require that all officers involved on a raid personally ensure that the raid they are conducting is authorized by a facially-valid warrant, (2) treat any officer whose actions are not authorized by a facially-valid warrants the same was as an ordinary person would be regarded for doing those same actions, including (3) prosecute under the felony murder rule any agent who takes part in a raid not authorized by a facially-valid warrant if any person is killed in the course of such a raid?
If someone isn't willing to take the time to read a warrant to ensure that it facially authorizes conducting a raid in the planned fashion, that person shouldn't be conducting a raid.
BTW, I believe this country also needs some judges to tighten up on the "oath or affirmation" requirement. The only fact that was attested to under oath or affirmation to secure that warrant on Cory Maye's dwelling was that there was an (unspecified) unusual amount of traffic to the primary dwelling at the residence. There was some hearsay regarding goings-on there, but warrants should not be issued on the basis of hearsay which is not given under oath or affirmation.