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To: One Proud Dad
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.

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.

333 posted on 03/25/2006 12:23:27 PM PST by supercat (Sony delenda est.)
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To: supercat
...warrants should not be issued on the basis of hearsay which is not given under oath or affirmation.

Might have saved this woman:

NYC Woman Dies During Botched Police Raid

New York (AP) - A 57-year-old woman died of an apparent heart attack Friday after police detonated a flash grenade and handcuffed her during a raid on the wrong apartment.

Alberta Spruill, a longtime city employee, was pronounced dead about an hour after a dozen heavily armed officers broke into her home at dawn. "We're deeply saddened," said Police Commissioner Raymond Kelly. "It's a tragedy. This should not have happened."

An informant said that Spruill's sixth-floor Harlem apartment was being used by an armed drug dealer to stash cocaine and heroin, police officials said.

-- http://www.freerepublic.com/focus/f-news/913115/posts

334 posted on 03/25/2006 12:51:03 PM PST by Ken H
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