Posted on 06/18/2012 4:14:48 PM PDT by BCrago66
At 7 a.m. on January 20, 2007, DEA agents battered down the door to Thomas and Rosalie Avina’s mobile home in Seeley, California, in search of suspected drug trafficker Louis Alvarez. Thomas Avina met the agents in his living room and told them they were making a mistake. Shouting “Don’t you *ucking move,” the agents forced Thomas Avina to the floor at gunpoint, and handcuffed him and his wife, who had been lying on a couch in the living room. As the officers made their way to the back of the house, where the Avina’s 11-year-old and 14-year-old daughters were sleeping, Rosalie Avina screamed, “Don’t hurt my babies. Don’t hurt my babies.”
(Excerpt) Read more at reason.com ...
In the interest of the “fairness” that the left holds so dear, every member of the ATF, DEA, and the DHS should be subjected to no-knocks raids at the time of the citizens choosing.
What is it with law enforcement nowadays?
As long as we have people giving full throated backing to the war on drugs - such as comparing marijuana possession to rape and other heinous crime, and issuing apologias for violations of the Tenth Amendment - the number is without limit.
Do you know anyone who fits that description?
I am thankful the court held the illegal home raiders guilty. I am not happy that the finding was due to their abuse of children and not the abuse of the parents in being so incompetent that they raided the wrong home and victimized innocent people.
We need a law on protecting innocents from wrongful raids. If the price is high enough, they will make sure they have the right address before terrorizing Americans. This is carelessness and unprofessionalism and there is no cost in it to the raiding agencies.
They feel GREAT after doing these kind of things. Nothing gets them off more than beating and killing people and lording over them with the power of the gun and gubment behind them. Just another fun day at the office for your average gubment scumbag.
Freeper Class of '05.
Check.
Above I said:
“[Correction: 1983 actions against state actors may be based upon any right-granting provision in the Constitution; I believe Bivens actions against the feds are restricted to 4th Amendment claims (and if I’m wrong, someone please correct me.)]”
I was troubled by my uncertainty in this area, so I did some further research and found I was right the first time. Like 1983 actions, Bivens actions apply more generally than just 4th Amendment claims; subsequent cases have allowed Bivens action based upon 5th & 8th Amendment claims, too. But it seems that the court has been more reluctant to extend Bivens claims across the board to all violations of constitutional rights, and it has disallowed some 1st Amendment Bivens claims (perhaps this is reluctance is because Biven is court-created law, while 1983 is statutory.)
My Source:
http://federalpracticemanual.org/node/30
See the Sections:
5.2.A. Implied Constitutional Causes of Action for Damages
5.2.A.1. Constitutional Torts
5.2.A.2. The Limitations on Bivens
Here they are called SWAT Team members.
“If it is a monetary judgment, it is ultimately paid by the taxpayers so you are effectively suing yourself.”
The annoying part of this is, that you can’t punish the politicians (directly) at the ballot box for allowing this to happen, and the money involved doesn’t immediately injure the taxpayer in an obvious way at a federal level. Contrast this with a city of 10,000 people being sued (successfully) for 10 million dollars, where their insurance company would drop them like yesterday’s doo-doo, acquiring insurance would be impossible, and the taxpayers would be hit with an assessment of, say, $5,000 per household. Things would get way better, very quickly.
I can’t argue with your logic. I agree with your conclusion.
Sure they do. It’s my take they generally take the word of those asking for permission. The judges deal with them off and on all the time, so they develop a level of trust.
IMO, a no-knock raid should seldom if ever be used.
It seems today that swat teams need to practice, so these are granted as much as to keep them (so-called) trained and ready, as they are to catch real perps.
Look, that’s my take on it. I’m being rather cynical here, but the down side of these raids is inescapable.
The percentage of these raids that go wrong is vanishingly small. So the fact that it seems like so many are in the news tells us that there are an enormous number of these raids going on.
Also suing the police doesn't cost them anything. The taxpayers pick up the tab. What would work better ironically, would be some Rodney King style civil rights suits that target specific cops. That'll make it tough to find anyone who wants this duty.
I find it rather childish for you to act like no-knock raids are a given if we don’t legalize drugs.
The police can obtain a warrant, and serve that warrant.
Anything that can be flushed in moments after the police arrive at the front door, is way too small to warrant a no-knock raid.
Why don’t you join me in attacking a very oppressive tactic we can agree on?
The percentage being “vanishingly small” and the number of them reported on FR indicates that there are way too many of them in total to be justified by any sort of “necessity.”
There are also raids where they have an old address, a year or more old. And the residents later comment that you could find the person by looking up the current address with their EBT card or disability check.
For all these “fusion centers”, there is very little effort to actually make sure the bad people are there before cops go in guns blazing.
Once upon a time long long ago I new this young man.
He wanted to be a cop. He wanted to be a cop and do no knock raids. That would be fun and exciting he said.
Then I asked him a simple question.
What are you going to do when the no knock is against somebody like you ol’ man rather then some dumb dink immigrant that is unarmed?
A week later he wanted to be a fireman.
You see his Ol’ man is a real shooting son of a bitch with no reservations about machine gunning the whole side of the house from the inside out from corner to corner to stop a no knock.
When some event like that happens no knock raids will stop. Not until then.
That's not what I said. Ending federal drug prohibition would not make drugs legal anywhere in the US. Feds have no enumerated power to either criminalize or legalize drugs within a state's border.
Why don’t you join me in attacking a very oppressive tactic we can agree on?
Certainly. But I hope you'll understand, I'm leery of folks who are willing to support violations of some parts of the Constitution, such as the original Commerce Clause and the Tenth Amendment.
U.S. District Court Magistrate Craig M. Kellison ... cited a Supreme Court precedent acknowledging that the “freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.”...
Guess we know what we're living in...
I agree with your thoughts here. Sadly, whenever I think some big event will wake up the government, I think of that block of homes they burned down because they had a radical group in the middle.
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