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Couple seeks damages after police raid wrong house
Henry Daily Herald ^ | 6-8-06 | By Michael Davis

Posted on 06/09/2006 7:38:19 AM PDT by VRing

A Stockbridge couple whose home was mistakenly raided by Henry County Police last year as they sought a drug suspect is seeking $8 million in damages from the incident.

In a lawsuit filed last month in Superior Court against county officials and police, Roy and Belinda Baker say they were roused out of bed by police who used a battering ram to knock down their door and threw concussive grenades into their home around 1 a.m. Sept. 30.

“The Law Enforcement Defendants accosted the Bakers in the hallway to their bedroom, where they had been sleeping, and yelled at the Bakers, threatened, assaulted and unlawfully touched the Bakers, and placed the Bakers face down, at gunpoint ...” the suit says.

(Excerpt) Read more at henryherald.com ...


TOPICS: Crime/Corruption; US: Georgia
KEYWORDS: crimeagainsthumanity; donutwatch; drugskilledbelushi; fourthamendment; fourthammendment; jbt; leo; leosgonewild; leroyknowshisrights; nokingbutleroy; wod; woddiecrushonleroy; wodlist
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To: PaxMacian

"The unlawful use of or threatened use of force or violence against individuals or property to coerce or intimidate governments or societies, often to achieve political, religious, or ideological objectives.--FBI definition of terrorism."

Wow! No knock raids are acts of terrorism according to the FBI's own definition of terrorism.

bttt


321 posted on 06/10/2006 10:36:03 AM PDT by takenoprisoner (Sorry Mr. Jefferson, we forfeited the God given rights you all put to pen. We have no excuse.)
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To: A CA Guy
Some also sell from their homes and may set up sophisticated cameras like the criminal in this story did. Lots of dealers use as well and make dumb choices that lead to them getting themselves busted. These types of people get caught when they get sloppy or over confident.

Yes, I agree with you on this point. However, there is nothing in the article stating this is the case here, so that theory is based on nothing more than conjectures and assumptions.

322 posted on 06/10/2006 11:05:17 AM PDT by JavaTheHutt ( Bush Bush Bush Bush Bush Bush Bush - DUBYA!!!!!)
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To: traditional1

OK, I get the last word? I choose - Idiot.


323 posted on 06/10/2006 11:08:01 AM PDT by JavaTheHutt ( Bush Bush Bush Bush Bush Bush Bush - DUBYA!!!!!)
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To: from occupied ga
OK, you wanna continue to whine like a little baby, fine. Let's go over the points.

And that does somenthing about Mckinney how?

Duh, this is gonna get tiresome real quick if I have to spell out everything for you. You complained about not having equality, because a small percentage were paying the majority of the taxes, but not getting an equal amount of vote. MOVE! What part of that is so freaking difficult to understand? Move to a different district where 90% of the people aren't riding welfare while 10% are living in mansions. Pack up and find someplace where there are more people in the same income level. I can't believe you are having trouble understanding this concept. Either you are intentionally being dense for the sake of being argumentative, or you have somethng seriously wrong going on inside your cranium.

Easily said - I can say if you just try hard enough you can float up in the air. District lines were set by legislature at direction of judges.

Yes, and I say that somone who actually wants to do something besides sit around whining can actually do something about it. I guess that leaves you out. District lines are moved. It happens. It happened just a couple of years ago in Texas. Wanna know how? A bunch of people here got tired of the way things were going, so they got off their butts and did something about it instead of crying. They worked to get people elected who would appoint judiciary that agreed with them, and the district lines got moved. It wasn't easy. It didn't happen over night. But it did happen. Perserverance pays off.

Done that had a black republican female candidate - lost about 83% to 17% of the vote.

waaaaaaaaahhhhh!!!!!! Well go ahead and cry. Try once and fail, so you give up? Ever here the saying "If at first you don't succeeed, try and try again."???? Gimme a break.

Hey, I need to mow my lawn today. But I guess if my lawnmower doesn't start the first time I pull the start cord, then I'll just give up and sit on the porch complaining that my mower is broken, while I wait for a miracle, or for someone else to come along and volunteer to mow my yard for me.

324 posted on 06/10/2006 11:31:50 AM PDT by JavaTheHutt ( Bush Bush Bush Bush Bush Bush Bush - DUBYA!!!!!)
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To: takenoprisoner
Maybe it's that you are extreme in your views.

I simply don't blame police doing the jobs they have to do.

I accept there will be some mistakes because they deal with human debris like druggies, so I don't expect perfection.

Had someone gotten real hurt at the wrong address, I'd say pay them something.
At this point I think it would be retarded to pay large awards for no injuries over an honest mistake.
These people were living next to a drug dealer and they should be happy they are gone.

The damages from going in the wrong home should be paid, and maybe a few thousand for their troubles having the house in need of repairs.

I don't believe in the liberal view of getting rich through suing.
325 posted on 06/10/2006 2:11:54 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: traditional1

The Feds already confiscates all their wealthy if they are dealing drugs.


326 posted on 06/10/2006 2:15:04 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: geezerwheezer
However, what really should happen is that the responsible individuals on the police department should be fired WITH cause and be personally liable for damages (including punitive damages), because you cannot afford to make idiotic mistakes like that when the 'could-happens' are so severe.

In case you didn't read that part, here it is again. The word responsible means a determination has been made; that was admitted by the Chief of Police or don't you believe him? You are too quick to take the side of the law for the sake of what their job is, and one day, let's hope you don't end up on the wrong side of that trust (as the couple sleeping in their beds at that house did when the police broke in).

327 posted on 06/10/2006 2:26:37 PM PDT by Gaffer
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To: takenoprisoner

And you addressed your logic to me? Perhaps you, also along with geezerwheezer, didn't read the second sentence in my post. I don't see where there's any part of what I said that's different than your last sentence....


328 posted on 06/10/2006 2:29:06 PM PDT by Gaffer
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To: Gaffer

cc gaffer only, not intended for gaffer...sorry for any confusion.


329 posted on 06/10/2006 4:00:58 PM PDT by takenoprisoner (Sorry Mr. Jefferson, we forfeited the God given rights you all put to pen. We have no excuse.)
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To: A CA Guy

"I simply don't blame police doing the jobs they have to do."

Hypothetically, suppose they were "doing their job" in violation of the Constitution of these United States?

Would you now have any objections when they go about "just doing their jobs?"


330 posted on 06/10/2006 4:07:49 PM PDT by takenoprisoner (Sorry Mr. Jefferson, we forfeited the God given rights you all put to pen. We have no excuse.)
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To: takenoprisoner
I think the Constitution was never meant to be a suicide pact. Quote from Abraham Lincoln.

Law enforcement is needed to the extent that it is.

I don't mind finding better ways to do thing, but I am never for crippling our law enforcement, even for the pro recreational drug cheerleaders here.
331 posted on 06/10/2006 4:11:35 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: A CA Guy
"The Feds already confiscates all their wealthy if they are dealing drugs."

Right. However, civil suits awards in that case should then be awarded from any assets confiscated.

The point being: the taxpayer is no more guilty in this case than the drug dealer, but Civil Suits don't get filed by Lawyers against drug dealers (they are afraid of the hunt). Taxpayers are always an easy target, and the Lawyer doesn't risk his life like he would trying to appropriate the funds from a drug dealer.

332 posted on 06/10/2006 4:19:10 PM PDT by traditional1
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To: traditional1

I didn't know civil suits could do that in this case.

Sounds like a fair deal to me.

Thanks for the education on that issue.


333 posted on 06/10/2006 4:21:12 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: VRing

I think that the police are a little too quick to use "no-knock" warrants.

Sure, if its a terrorist cell, or the suspects have a history of violence to the police, there are circumstances when "no-knock" warrants are called for.

It just seems to be a weapon in the police's arsenal that is used too often.


334 posted on 06/10/2006 4:23:31 PM PDT by I_Like_Spam
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To: A CA Guy
Today, anyone can sue anybody; just need a Liberal/Bleeding heart judge to get the case to move forward. When you read about the few amazing settlements for inconvienience, stupidity of the user, etc., you come to realize how out of hand the tort process has become, as that's the tip of the iceberg from all the cases you don't even hear about, and all those that are settled before trial, to avoid a possible wipe-out settlement to a business.

As I mentioned, look at everything mechanical, electrical, or most tools. The warning labels plastered all over them are all the result of civil suits. Imagine hitting your thumb with a hammer, and suing the dealer, the manufacturer, the designer, etc., etc. for your error, because no one told you you could do damage to yourself if you mis-use the tool. That's the state of the Tort situation today...

335 posted on 06/10/2006 4:38:32 PM PDT by traditional1
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To: A CA Guy

"I think the Constitution was never meant to be a suicide pact. Quote from Abraham Lincoln"

At least you are openly anti-Constitution...what do you liberals call it? A living breathing document?

Whatever, Abe Lincoln should have known better and so should you. Amendments were provided for in our Constitution in order to prevent your feared suicide pacts.

Regardless, any law enforcer, congress, president, and judge etc. acting in violation of the Constitution is committing a crime...as did Lincoln when he went sent troops to attack the confederate states. Which is most likely what prompted him to say, "the constitution was never meant to be a suicide pact."

You guessed right, Lincoln suspected he was acting in violation of the Constitution.


336 posted on 06/10/2006 4:44:37 PM PDT by takenoprisoner (Sorry Mr. Jefferson, we forfeited the God given rights you all put to pen. We have no excuse.)
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To: takenoprisoner

I'm not anti constitution, but am against trying to use the constitution to allow crime and vice on our nation.


337 posted on 06/10/2006 5:17:48 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: A CA Guy

"I'm not anti constitution, but am against trying to use the constitution to allow crime and vice on our nation."

Then you are obviously conflicted. In that case I recommend a strong dose of Jefferson. Perhaps his words and deeds might help you begin the process of understanding the legitimacy as well as the revelancy of our Constitution. Others would also suggest that you include a complete study of the federalist papers.

Either way "pal," you can't have it both ways. You can't pick and choose the laws to uphold and defend and those to ignore when it comes to our Constituion. The
Constitution is not the Bible to be picked apart by religious zealouts with their own agenda. The Constitution of these United States is the Supreme Law of this Land.


338 posted on 06/10/2006 5:39:44 PM PDT by takenoprisoner (Sorry Mr. Jefferson, we forfeited the God given rights you all put to pen. We have no excuse.)
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To: takenoprisoner
Do you think all laws **stopped** at the Constitution or do you believe the Constitution still allowed people to vote in representatives who are allowed to make other laws as needed for safety and peace?
339 posted on 06/10/2006 5:45:12 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: A CA Guy

"Do you think all laws **stopped** at the Constitution or do you believe the Constitution still allowed people to vote in representatives who are allowed to make other laws as needed for safety and peace?"

All laws are subject to be scrutinized by the SC to determine their constitutionality. Have you taken and passed any US history course anywhere at anytime? We were taught this process in 7th grade civics class.

Moreover, the SC, according to our constitution is obligated to determine the constitutionality of any law so challenged in it's court. According to some constitutional scholars, the court has been known to err. Take Roe v. Wade for example...many today continue to argue that the Roe v. Wade decision was unconstitutional. Since they correctly believe that such matters should be left to the individual states as laid out in our Constitution.


340 posted on 06/10/2006 10:30:51 PM PDT by takenoprisoner (Sorry Mr. Jefferson, we forfeited the God given rights you all put to pen. We have no excuse.)
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