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Family Held At Gunpoint After Home is Mistakenly Raided By Police
wbst.com ^ | staff

Posted on 01/15/2011 4:20:27 PM PST by microgood

SPRING VALLEY, N.Y. (WPIX) — It was a classic case of mistaken identity for a Spring Valley family Thursday when federal agents and police raided their home and reportedly held their teenage daughter at gunpoint.

The father, David McKay, said police dragged his wife, brother-in-law and daughter out of bed, separated him from his family and even threatened to shoot their dog, according to a report in The Journal News.

The federal Drug Enforcement Administration had an arrest warrant for a man they believed lived in the Spring Valley family's house, but it turned out he lived a couple houses away.

"You go barging into someone's home with guns and pull them out of their bed, you better make sure you have all your i's ... dotted and your t's crossed," McKay told The Journal News.

The raid was part of drug trafficking investigation that involved over 200 federal and local officers and has so far led to the arrest of 26 people across New York, New Jersey and Pennsylvania, officials said. The DEA believes they are responsible for distributing more than 1,000 kilograms of marijuana since 2006.

"We sincerely regret that while attempting to execute an arrest warrant for a member of this drug trafficking organization, the innocent McKay family was inadvertently affected by this enforcement operation," Special Agent in Charge John Gilbride said in a statement issued to PIX 11 News.

The DEA did finally arrest the correct person, who, along with the others arrested, was arraigned in White Plains on Wednesday.

McKay's family, meanwhile, has been traumatized from the incident. His daughter suffered from an asthma attack during the raid and was taken to Nyack Hospital.


TOPICS: Local News
KEYWORDS: banglist; donutwatch; jbt; policestate; rapeofliberty; suckstobeyoucitizen; swat; swatassholes; tyranny; waronswat; wod
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To: The Comedian
You forgot Conspiracy Against Rights.
US CODE, TITLE 18, PART I, CHAPTER 13, § 241
Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
 
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
 
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Whereas the US Constitution's 4TH Amendment says:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Given that the Warrant was not for their house it was, as far as Legality is concerned, a warrantless-entry.
101 posted on 01/18/2011 2:28:40 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OB1kNOb
It's always the dog.......why can't it ever be a cat?............,/p>

If anyone shoots my cat, I will GET THEM, if I have to lie in wait for them near their front door. Of course, I sympathize with dog owners whose pets have been shot. It's just that I'm not a dog person.

102 posted on 01/18/2011 2:36:00 PM PST by JoeFromSidney
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To: goldstategop

One hand washes the other. No one will ever be held responsible. But, our tax dollars will probably have to pay for their mistake.


103 posted on 01/18/2011 2:45:57 PM PST by A. Patriot (CZ 52's ROCK)
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To: OneWingedShark
Good find.

I hope they sue the bastards for a bazillion dollars and win, and drive their stupid city into bankruptcy.


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

104 posted on 01/18/2011 3:00:57 PM PST by The Comedian ("Extremism in the defense of liberty is no vice" - B. Goldwater)
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To: Armedanddangerous

Thanks!


105 posted on 01/18/2011 7:29:29 PM PST by scripter ("You don't have a soul. You are a soul. You have a body." - C.S. Lewis)
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To: OB1kNOb
It's always the dog.......why can't it ever be a cat?............./s

Already doing it. Cats

106 posted on 01/19/2011 7:23:20 AM PST by A. Patriot (CZ 52's ROCK)
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To: org.whodat

...and here is a case of a violation of the fourth amendment by local bad cops.

Who is in the right here? The government or the private citizen whose house was unlawfully invaded?


107 posted on 01/21/2011 8:02:01 AM PST by Immerito (Reading Through the Bible in 90 Days)
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To: WakeUpAndVote

Ever notice that these SWAT invasions never seem to occur at the home of a gang member or member of a crime ring?

Ever notice how gladly the criminal element mimics these unlawful, unconstitutional cop raids?


108 posted on 01/21/2011 8:08:19 AM PST by Immerito (Reading Through the Bible in 90 Days)
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To: Walts Ice Pick

Agreed. These unlawful, unconstitutional raids seem to have more to do with conditioning the law-abiding private citizen to bleat like good sheep than with real police work.


109 posted on 01/21/2011 8:09:30 AM PST by Immerito (Reading Through the Bible in 90 Days)
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To: Gabrial

Yet another tragic accident involving guns and boats.

Boats can’t be trusted around guns.

:-)


110 posted on 01/21/2011 8:17:34 AM PST by Immerito (Reading Through the Bible in 90 Days)
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To: OneWingedShark

Good catch. Thanks!


111 posted on 01/21/2011 8:19:21 AM PST by Immerito (Reading Through the Bible in 90 Days)
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