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Ninth Circuit to DEA: Putting a Gun to an 11-Year-Old's Head Is Not OK
Reason ^ | 6/18/12 | Mike Riggs

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 ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: 9th; banglist; dea; donutwatch; drugs; drugwar; leo; warondrugs; wod; wodlist; wosd; wronghouse
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To: samtheman

Indeed, the solution to this is to hold people personally liable for the screwup.

Not the department, not the state or municipality, but the person making the decision, as an individual, being held monetarily and criminally liable for mistakes of this nature.

It would stop real fast.


81 posted on 06/19/2012 6:03:48 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: DoughtyOne

Get a warrant, serve the warrant by knocking on the door with your sidearm holstered.

If you don’t want to do it this way, get a different job.


82 posted on 06/19/2012 6:08:10 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: gfbtbb
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.

Made me smile. Not someone I'd really want to hang out with, but I'm sure glad he exists.

83 posted on 06/19/2012 6:09:33 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: 383rr

“We have them right here in this country, just waiting. Just like the scumbag assholes in this particular case.”

That is truly the scary part! No knock or the knock and bust in raids are truly frightening as there is little recourse but to submit...those who have not submitted are either dead or serving time. ( Police Detective Jarrod Shivers was killed by a bullet fired through a door by the homeowner as he attempted to break it down. Homeowner Ryan Frederick is now serving 10 year sentence for voluntary manslaughter)

Equally scary is how easy it will be to turn the population on each other neighbor against
neighbor. We should all remember our thoughts we has in the month or two after 9/11. When
we saw people we thought were of a certain nationality, were our thoughts as innocent as
they were on 9/10? The book “Neighbors” about the destruction of the Jewish community in
Jedwabne, Poland details a version of what transpired there. Basically neighbors turned on
their Jewish neighbors and a massacre ensued. Some of the facts, numbers and details are
in question about that event, but it did happen and it could happen in your community too.
Tensions are running higher and higher. Human nature will take over and watch out....


84 posted on 06/19/2012 6:18:41 AM PDT by An American! (Proud To Be An American!)
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To: MrB

Exactly. And if you have someone you think is dangerous, observe them and take them down off site.

I don’t care who you are, there are moments in your every-day routine where you are vulnerable. If the police used their surveillance capabilities, they could easily determine a good time to take someone into custody, that wouldn’t involve smashing in doors, terrorizing family members, and destroying their home before one appearance in court.


85 posted on 06/19/2012 6:21:28 AM PDT by DoughtyOne (Republicanism: Y1 Rant Y2 Rant Y3 Rant Y4, Oh nevermind, vote for him anyway. Rinse & Repeat!)
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To: DoughtyOne

Ah... reminds me of Waco. They could have taken out Koresh on a jog,

but preferred making a statement with paramilitary tactics.


86 posted on 06/19/2012 6:29:11 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: MrB

Exactly. I thought of that too.

In fact, the local sheriff knew him. He could have given him a call and asked him to come by the office. No, the hot shot swat team had it all in hand.

That was a cluster F from the word go.

The government lied every stinkin step of the way, and the participants got promotions.

Years later my wife asked me to join her out to dinner with a friend and her husband. There were others at the table too. During dinner it came out that her friend’s husband had been one of the FBI agents at Waco.

I was asked my thoughts on Waco, and I said, “Some people don’t realize that even in the United States, we stand a real danger of totalitarian actions on the part of our government.”

The guy was asked some questions, but he couldn’t/wouldn’t answer them. It’s a good thing too, because I would have nailed his ass to the floor by the time he left.

Don’t get me started on the OKC Bombing either.


87 posted on 06/19/2012 6:46:01 AM PDT by DoughtyOne (Republicanism: Y1 Rant Y2 Rant Y3 Rant Y4, Oh nevermind, vote for him anyway. Rinse & Repeat!)
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To: GOPsterinMA
The War on Drugs needs to be escalated ended by competent and patriotic Americans.

Fixed it.

88 posted on 06/19/2012 7:24:48 AM PDT by JustSayNoToNannies (A free society's default policy: it's none of government's business.)
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To: DoughtyOne; Ken H
Would you tell us which section of the Constitution you believe delegates to Congress the authority to regulate intrastate drug policies?

Would you tell me what section of the Constitution specifically grants Congress the authority to devise any federal statutes?

Article I, Section 8: "The Congress shall have Power [...] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Again: Would you tell us which section of the Constitution you believe delegates to Congress the authority to regulate intrastate drug policies?

89 posted on 06/19/2012 7:39:41 AM PDT by JustSayNoToNannies (A free society's default policy: it's none of government's business.)
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To: JustSayNoToNannies

No, I want you to honestly put your thinking cap on.

There are thousands of federal regulations and statutes.

What you folks seem to be trying to argue, is that the federal government has devised no other laws. It obviously has.


90 posted on 06/19/2012 9:44:29 AM PDT by DoughtyOne (Republicanism: Y1 Rant Y2 Rant Y3 Rant Y4, Oh nevermind, vote for him anyway. Rinse & Repeat!)
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To: Clintonfatigued

Thanks for the police state ping...


91 posted on 06/19/2012 9:58:28 AM PDT by GOPJ (The 'doting court eunuchs' of the MSM fail to notice...)
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To: BCrago66
FR has gotten a lot better. This thread has been serious. Not a bunch of yahoos who blame it all on Obama or illegal immigrants. And the bootlickers are afraid to post.

Maybe that's ominous. The fact that even FReepers recognize what a tyranny we've become. There was a time when this thread wouldn't have been popular at all.

92 posted on 06/19/2012 10:35:37 AM PDT by Forgotten Amendments (Let's name a law after a kid who died because of CAFE standards!)
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To: DoughtyOne; Ken H
No, I want you to honestly put your thinking cap on.

Your question was answered. Do you have another? And when will you FINALLY answer the question that's been repeatedly asked of you: Would you tell us which section of the Constitution you believe delegates to Congress the authority to regulate intrastate drug policies?

There are thousands of federal regulations and statutes.

What you folks seem to be trying to argue, is that the federal government has devised no other laws.

Um, no, that's a swing and a miss by you. What Ken and I are suggesting is that federal laws governing intrastate drug matters are not authorized by the Constitution - hence the question you keep evading: Would you tell us which section of the Constitution you believe delegates to Congress the authority to regulate intrastate drug policies?

(Now, of the many other laws passed by Congress, it is true that a large number are also not authorized by the Constitution; as conservatives, we should oppose all such laws.)

93 posted on 06/19/2012 11:55:34 AM PDT by JustSayNoToNannies (A free society's default policy: it's none of government's business.)
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To: Ken H
comparing marijuana possession to rape and other heinous crime

You don't happen to have a link(s) for that, do you? I could use a hearty laugh.

94 posted on 06/19/2012 11:58:37 AM PDT by JustSayNoToNannies (A free society's default policy: it's none of government's business.)
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To: JustSayNoToNannies

No, actually it wasn’t answered.

You’re evading. It’s not working.

If you don’t want to be honest about this, that’s okay.


95 posted on 06/19/2012 12:10:16 PM PDT by DoughtyOne (Republicanism: Y1 Rant Y2 Rant Y3 Rant Y4, Oh nevermind, vote for him anyway. Rinse & Repeat!)
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To: RedStateRocker
There was a *LOT* of “if you aren’t doing anything wrong, what do you have to worry about” right after 911 used to justify the Patriot Act and Gitmo. Then once we have a socialist neo revolutionary in the White House all the supposed ‘conservatives’ wake up to maybe renditions, wiretaps/phone intercepts and vehicle tracking without a warrant aren’t such a great idea.

I know, I was here. I thought it was a bad idea even then, and even when given to a seemingly good man, let alone the implications of his successors inheriting such powers.

96 posted on 06/19/2012 12:24:23 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: BCrago66
Ninth Circuit to DEA: Putting a Gun to an 11-Year-Old's Head Is Not OK

Looks like Steve Kinney got out of the DEA just a little too soon....

97 posted on 06/19/2012 12:56:09 PM PDT by archy (I'd give my right arm to be ambidextrous!)
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To: JustSayNoToNannies; DoughtyOne
It was a thread about Rahm Emanuel backing an ordinance that would ticket, rather than arrest, those caught with small amounts of pot:

Other great savings could be realized from not enforcing laws like bank robberies, thefts, shop-lifting, shootings that don’t result in death, rapes, pedophilia, grand theft auto...

98 posted on 06/19/2012 1:29:10 PM PDT by Ken H (v)
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To: Ken H

Hey Ken, please link us to where I said those crimes were of equal weight with violations concerning small amounts of pot.

Oh, that’s right I didn’t.

I merely said there are plenty of other laws out there being broken that Rahm could avoid prosecuting people for, if he really wanted to save money.

Nice try.


99 posted on 06/19/2012 1:39:50 PM PDT by DoughtyOne (Republicanism: Y1 Rant Y2 Rant Y3 Rant Y4, Oh nevermind, vote for him anyway. Rinse & Repeat!)
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To: DoughtyOne
No, actually it wasn’t answered.

Yes, it was - and here's the proof:

You, post #79:
'Would you tell me what section of the Constitution specifically grants Congress the authority to devise any federal statutes?'

Me, post #89:
'Article I, Section 8: "The Congress shall have Power [...] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."'

You’re evading.

You’re projecting - it's you who have already ducked the following question THREE times:

Would you tell us which section of the Constitution you believe delegates to Congress the authority to regulate intrastate drug policies?

100 posted on 06/19/2012 1:47:10 PM PDT by JustSayNoToNannies (A free society's default policy: it's none of government's business.)
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