“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.”
Careless disregard for citizens and their property in the name of drug enforcement is not and has never been acceptable. Fear that someone might dispose of evidence should not be justification for murder of pets, verbal and physical assault on individuals, destruction of property, or terroristic acts or threats. But too few are willing to stand up and say so, for fear of intimidation and retaliation.
These cases should no longer be characterized as an ‘honest mistake’ or brushed aside with an ‘oops, I’m sorry (that we killed your dog, damaged your home, and beat your wife and kids)’. Enough of them have happened that police departments know the risks of incorrectly executed no knock warrants. Given the current visibility of the issue, an incorrectly executed no-knock warrant merits charges of criminal negligence at least.
Such criminal negligence should be identified, aggresively pursued, and seriously punished. Officers are not protected by their badge if they act in a criminal manner. Knowingly entering a private residence without permission or a warrant is a criminal act — for you or I it would be breaking and entering, or felony home invasion.
It’s time to use the law as it was intended. We need to aggresively pursue those that violate our constitutional rights. Remedies of sufficient scope should be sought so as to make potential offenders averse to such violations.
The next poor SOB that becomes victim to this BS needs a really good lawyer and the stones to push it all the way.
So no, I don’t think they should be boiled in oil, or drawn and quartered. But I do think they should be sued into abject poverty, and incarcerated for their acts in the same way you or I would be if we performed them. Just think of all of the well-meaning but careless officers we can save by making some very visible examples of the current round of offenders. If the penalties are large enough the officer might double-check that address, or think twice before breaking and entering without a warrant.
In cases where the cop could not have had a reasonable belief that the warrant service was legitimate, is there any good reason why it shouldn't be prosecuted as burglary or robbery, or--depending upon what transpires--attempted or actual murder?
It is patently unreasonable for a cop to not even bother to read a warrant. Unreasonable break-ins are, per Amendments IV and XIV and Article VI, illegitimate. Illegitimate break-ins are burglary at best, and if someone is killed, murder. So why no prosecutions for such?
Cops who wanted to avoid the risk of a murder rap could take the time to ensure their warrant service was legitimate. Is there any reason that requiring them to do so would be a bad thing?