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Family sues SWAT team after raid on their home (Oops... wrong house)
The Daily Herald ^ | July 28, 2005 | Michael Rigert

Posted on 07/28/2005 8:42:34 AM PDT by skyman

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To: battlegearboat

I normally roll my eyes and wish a swarm of locusts on people who sue. However, in this case, it seems justified.


101 posted on 07/28/2005 10:11:38 AM PDT by SALChamps03
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To: skyman
The next day, the Chidester family, including Lawrence, his wife Emily and their adult son Larry, filed a federal civil rights lawsuit against Utah County and six SWAT team members.

The NEXT DAY???

Something is fishy.

102 posted on 07/28/2005 10:14:26 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: Mack the knife

>>>Because the bystander, assumed to be a bad guy, is standing on that property, SWAT assumes that the house itself is bad, so they invade it too.

I can understand them restraining the Larry that came outside.

That would keep him from getting involved with the raid on the neighbor's house.

I'm still trying to understand why they raided the house he came out of.

It isn't like they followed a perp into it.


103 posted on 07/28/2005 10:15:20 AM PDT by Calpernia (Breederville.com)
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To: Experiment 6-2-6
THE NEXT DAY??? I could ONLY HOPE to aspire to having a client(s) walk (run?) into my office and I'm able to FILE a suit against MULTIPLE PARTIES by 4:00 o'clock the following day.

The facts are rather obvious and the violation of their civil rights are equally obvious. Even an idiot attorney could draft the lawsuit in about 1-2 hours. Best to get them served quickly before the can workout they BS excuses.

104 posted on 07/28/2005 10:17:50 AM PDT by connectthedots
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To: cowboyway

But why do the "innocent people" they accidentally raid still have to be considered criminal scum as much as the actual criminals?


105 posted on 07/28/2005 10:18:25 AM PDT by nickcarraway (I'm Only Alive, Because a Judge Hasn't Ruled I Should Die...)
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To: cowboyway
Don't be such a putz. Cops are making raids all over the country every day, and you know what, THEY MAKE A MISTAKE ONCE IN A WHILE!.

Getting the wrong address is inexcusable. Period. There is no debate. If you going in with weapons drawn, ready to kill, you get the right address.

This is not a mistake, this is total incompetence.

106 posted on 07/28/2005 10:18:57 AM PDT by Black Tooth
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To: cowboyway
I hope that you never need a cop or a SWAT team to come to your assistance.

40 years of livin' and not one call to the cops yet. In fact, I don't know anyone who has ever "needed" a SWAT team. But I guess it COULD happen...

I'll count on my own common sense and legally owned firearms to protect my ass, thank you.

107 posted on 07/28/2005 10:19:45 AM PDT by Trailerpark Badass
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To: MEGoody
The NEXT DAY???

Something is fishy.

Nothing fishy. Get the law suit in as quickly as possible and have the cops make depositions as quickly as possible before they can get their stories straight (or at least bent in the same direction). Why wait?

108 posted on 07/28/2005 10:21:30 AM PDT by KarlInOhio (Bork should have had Kennedy's USSC seat and Kelo v. New London would have gone the other way.)
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To: Calpernia

I cannot understand them restraining him if he's standing in his front yard. This was a royal f%$k-up, and I'm on the side of the civilians this time.


109 posted on 07/28/2005 10:24:28 AM PDT by SALChamps03
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To: Calpernia
I can understand them restraining the Larry that came outside.

That would keep him from getting involved with the raid on the neighbor's house.

I agree, but jumping on him when he could have been just a bystander was clearly excessive, especially when he had his hands up. Understandable due to the adrenaline, but not excusable either.

I'm still trying to understand why they raided the house he came out of. It isn't like they followed a perp into it.

That is exactly the point. They err on the side of caution by assuming that the bystander is a BAD guy; and since they assume HE is a BAD guy, they then also assume the house he came out of must be BAD, and feel justified invading that house too. Bad logic. Lethally Dangerous logic. Since it happened so fast, I would believe that the local top cop didn't even authorize it, even though he is responsible for the actions of his men.

A conclusion that could be drawn from this episode is that the local SWAT squad unconsciously believe that anything they do is legal -- a belief that should be squashed before someone gets killed.

110 posted on 07/28/2005 10:29:34 AM PDT by Mack the knife
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To: skyman
There ought to be a law that all SWAT team members be ex-military with training night raid tactics and all this stupid stuff would come to a halt.

As I have said on many occasions, can't they just arrest the targets by surprise when they are in public. It would be much safer for all involved. I suppose it will take a swat team member getting killed by a target of a raid. problem is, if the target thinks it might be a gang related break-in, he would have a perfect self-defense case.
111 posted on 07/28/2005 10:30:42 AM PDT by connectthedots
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To: Mack the knife; SALChamps03

Trust me, I'm reaching here. The thought of the Stalinist mentally is a bit scary.


112 posted on 07/28/2005 10:33:02 AM PDT by Calpernia (Breederville.com)
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To: skyman
"The warrant was for the house nextdoor but in the service of that warrant they became involved ... they had contact with us," Tracy said.

"Yeah, like, this one old dude was totally punching my knee and boots with his face."

113 posted on 07/28/2005 10:35:26 AM PDT by Sloth (History's greatest monsters: Hitler, Stalin, Mao & Durbin)
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To: MEGoody
The NEXT DAY??? Something is fishy.

Civil right lawsuits are not difficult to draft, especially when the facts and issues are blatantly obvious as in this case. Nothing fishy about it.

114 posted on 07/28/2005 10:42:25 AM PDT by connectthedots
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To: Junior
I hope they win. No-knock warrants are a travesty.

They will. Not only are they a travesty, they are unnecessary. Just snatch them when they are out in a public place. Much safer.

115 posted on 07/28/2005 10:45:06 AM PDT by connectthedots
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To: frogjerk

I am confused



Are you a swat team member?


116 posted on 07/28/2005 10:46:29 AM PDT by icu2 (I think it is here.)
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To: Red Badger
I guess Special Weapons And Tactics doesn't include reading addresses on mailboxes.......

Special Ed Weapons and Tactics.

117 posted on 07/28/2005 10:53:22 AM PDT by Bear_Slayer (DOC - 81mm Mortars, Wpns Co. 2/3 KMCAS 86-89)
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To: cowboyway

"This SWAT team grabbed a couple of guys by mistake and you folks are wetting your panties."

Yeah, having guys barge into your house at night, throw you to the ground and shove a gun to the back of your head is nothing, you big babies. /s/


118 posted on 07/28/2005 11:08:10 AM PDT by MonaMars
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To: JimHorn
Must be nice to work for an employer where mistakes 'every once in awhile' is acceptable. Where do I find them?

Career

119 posted on 07/28/2005 11:09:16 AM PDT by Bear_Slayer (DOC - 81mm Mortars, Wpns Co. 2/3 KMCAS 86-89)
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To: Hemingway's Ghost
It's crap like this that gives decent, hard-working, honest cops a bad name

Both of them

120 posted on 07/28/2005 11:15:33 AM PDT by Bear_Slayer (DOC - 81mm Mortars, Wpns Co. 2/3 KMCAS 86-89)
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