Posted on 10/06/2007 8:41:53 AM PDT by SmithL
The shotgun used in the slaying of Oakland Post Editor Chauncey Bailey was stolen two years ago in one of two high-profile attacks on liquor stores blamed on Your Black Muslim Bakery members, The Chronicle has learned.
When men in suits and bow ties vandalized the New York Market in West Oakland on the night of Nov. 23, 2005, authorities said, the group also took away a Mossberg shotgun a store owner had trained on them.
Using a store videotape, Oakland investigators soon identified Your Black Muslim Bakery members as responsible for the vandalisms and robbery.
But they decided not to seek a warrant to search the bakery's San Pablo Avenue headquarters for the gun.
The missing Mossberg, police now acknowledge, was used later by 19-year-old bakery handyman Devaughndre Broussard to execute Bailey on Aug. 2. It was recovered during a police raid of the bakery and nearby residences the next day when Broussard was seen tossing it out a window.
Oakland Assistant Police Chief Howard Jordan said Friday that police investigators did not have enough evidence to get a warrant to search the bakery after the liquor-store attacks two years ago.
"My understanding is that they didn't have enough probable cause to get a warrant," Jordan said, adding that the store owner who said his gun was stolen "didn't have enough information on the gun."
"It's a little more involved in getting a search warrant than an arrest warrant," he said. "Looking at the totality of circumstances, I don't think we felt at the time that a vandalism and a weak stolen-gun case was enough to go smashing in the door."
In hindsight, he said he would have authorized the search, "if I knew then that Chauncey Bailey was going to get killed by the same shotgun."
(Excerpt) Read more at sfgate.com ...
Does he think he stole it to go duck hunting?
Cops always act like it is a such a hassle to get a search warrant . I know many judges and none of them have ever refused a search warrant request . In this age of communication it takes minutes and an ounce of judgment .
No offense meant to the Hells Angels MC, and/or any member past and/or present.
“They’re in your hometown; they’re outside your door; they’re going to eat you up.”
“I know many judges and none of them have ever refused a search warrant request .”
Perhaps this is because police have learned what they need to bring in order to make an acceptable request. The observation that no requests have been turned down in your jurisdiction tells us nothing pro or con regarding the reasonableness of the explanation given in this jurisdiction for why a search warrant was not requested.
>>The owner, he said, was not clear about who among the group of about eight men inside the store actually took the weapon.<<
One search warrant or eight?
Have you ever heard of Amendment 4 - Search and Seizure?
The cops didn’t have enough information, IMO, to make a decision as to who had the gun or where it was being kept.
...the group also took away a Mossberg shotgun a store owner had trained on them.
Using a store videotape, Oakland investigators soon identified Your Black Muslim Bakery members as responsible for the vandalisms and robbery.
But they decided not to seek a warrant to search the bakery's San Pablo Avenue headquarters for the gun.
"Looking at the totality of circumstances, I don't think we felt at the time that a vandalism and a weak stolen-gun case was enough to go smashing in the door."
Political correctness at it best. It was vandalism AND robbery, robbery of a Shotgun!
What's weak about a stolen-gun case when it was on video and the owner said "They took the gun?"
And why smash down the door of a business that is open every day?
Stupid excuses. If it was the White Muslin Textile Factory they would have gone in (broken down the door even if unlocked), shot a dog or two and gotten the shotgun.
“But they decided not to seek a warrant to search the bakery’s San Pablo Avenue headquarters for the gun.”
So they instead became an accessary to murder.
Brilliant!
WHAT did they KNOW....and WHEN did they know it!
“”Looking at the totality of circumstances, I don’t think we felt at the time that a vandalism and a weak stolen-gun case was enough to go smashing in the door.”
Yet we have no problem smashing your door and shooting you based on an anonymous drug tip phoned in by officers...
IMHO they had sufficient information , or failed to develop sufficient information , or were consciously ignorant of sufficient information because political sensitivities were overriding the usual zealous enforcement in this jurisdiction . .
The name gave me that hint...
“if I knew then that Chauncey Bailey was going to get killed by the same shotgun.””
If we all knew yesterday what these thugs were going to do, we would have demanded sterilization for their mothers and fathers.
They saw the group on video. They saw one or more of the group take the shotgun. Are you saying they did not know which one of the group was keeping the shotgun so therefore they could not search the the wrong individual in the group? My, you are quite the enabler.
What's the point of having police? Just let us shoot it out among ourselves. It'll save us on taxes.
I want the police to operate within the contrainsts of the Constitution, not act like dictators in our communities.
BINGO! It ALWAYS pays to follow the Constitution even though it may seem like the “long way” around, it’s the ONLY way.
How about the East Bay Rats?
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