Pima County sheriff releases Guerena search warrant documents

Fox11AZ.com ^ | June 3, 2011 | Fox11AZ

[Fido969]

Thursday they released hundreds of pages of search warrant documents, with a few lines redacted, but giving a much clearer picture of what led authorities to the Guerena home.

[Mr.Unique]

A couple of observations and a window into police work:

Freely moving about and communicating with people is “probable cause”…of something. (Lines 118-139)

If the cops want to search your car and find out what you just loaded in it, they just make a stop for a “traffic violation.” (Line 140)

Saran wrap…I guess it’s a bad thing. (Line 144)

I was right! Even without “experience and training”. (Line 145)

On September 16, 2009, some Hispanic guys ate Mexican food. (Line 156-159)

If the cops want to search your car and find out what you just loaded in it, they just make a stop for a “traffic violation”…again. (Line 168-169)

Don’t drive your wife’s car. (Line 175-177)

Poor driving…it’s probable cause, too! (Line 184-185)

If cops don’t observe you doing your job, that’s not really your job. (Line 223)

A case for suspicion can be made by stating prior, unfounded suspicions. (Lines 275-281)

Be careful if you have no criminal record, but you know people who do. (Lines 297-305)

[Mr.Unique]

That has to rank top five in the all time most ignorant post ever list

That means you haven't read enough of freedomwiener's posts.

[petitfour]

Could you clarify what you mean by students “registered illegally?”

[arthurus]

Police get to keep any cash they confiscate for any reason good or bad. No qualifications. They get to keep it. For some years, maybe still, Volusia County in Florida funded its law enforcement and enhanced its general fund by stopping southbound Cadillacs and Continentals with elderly occupants because people retiring to come to Florida sometimes cash out and carry their cash with them in their cars to Florida. The Senior Citizens were stopped, their cars searched and the cash confiscated. There wer never any charges and Grandmaand Grandpa were allowed to continue on their way. Sometimes the victims went back with lawyers and got judges to say they were wrongfully targeted, police departments were chastized and no money was returned. The USSC said at one point that it was all legal. The USSC also said that was a legitimate way to fund government, that agencies could keep any confiscated money for their own use.

[petitfour]

They had a search warrant. Why the need for SWAT? I saw nothing in the warrant that indicated that Jose Guerena was a violent person or even that the person of interest in the warrant was violent. It sounds like he, Alex, drove around and stopped at a lot of businesses. And it sounds like Jose was with his brother at some inopportune moments like when there was plastic wrap in the back of a truck.

[freedomwarrior998]

Sorry, a typo on a warrant doesn’t invalidate it, even if you wish that it did. That’s why the description is listed underneath the listed address. Precisely to account for the fact that a W & S are next to each other on a keyboard, and sometimes those things happen.

Don’t you think that the description is a fair representation of what you see here:

http://www.zillow.com/homedetails/7180-S-Redwater-Dr-Tucson-AZ-85757/71684514_zpid/

http://www.asr.pima.gov/links/frm_Parcel.aspx?parcel=210541160&taxyear=2012

[freedomwarrior998]

United States v. Turner, 770 F.2d 1508 (9th Cir. 1985).

[VeniVidiVici]

Actually he had an arrest record, but no felony convictions. It's in the warrant.

Yes, it is in the warrant. Pretty near where it said they busted him for being in a house where there were no drugs.

If we keep crucifying everyone for being arrested rather than convicted they won't need to even bother with any kind of standard anymore as we'll all be classified as criminals.

[is_is]

So we blame him???? A credible 20 month investigation would have cleared him.......F*#$ swat operations!!!!

[Valpal1]

I think the warrant is valid and the incompetent serving of it resulted in the negligent homicide of a citizen and the Pima County SWAT team should be disbanded and the shooters charged with some level of homicide and the sheriff recalled by the voters.

[VeniVidiVici]

Sorry, a typo on a warrant doesn’t invalidate it, even if you wish that it did.

I didn't state it did and I'm not wishing it did. I pointed it out to show a pattern sloppiness in the PCSD under Dupnik. They even state the mother lives with Jose.

The warrant was kept secret for three weeks and yet when released there was only a paragraph redacted. Something still smells with this and with Dupnik at the helm it could be anything.

[VeniVidiVici]

Police get to keep any cash they confiscate for any reason good or bad. No qualifications. They get to keep it.

Not quite.

If the cops seize cash or property for any reason, they first have to give notice to the owner/holder of the property that they intend to keep it. They give the owner/holder 15 days to contest the seizure.

If the owner/holder does not contest it then becomes the property of the State. If the owner/holder does contest then the owner/holder and the State appear before a judge for the sole purpose of deciding whether there is cause for the State to keep the asset. If there is cause, then a hearing will be scheduled to determine the fate of the asset. If the judge rules there is no cause for the State to seize the asset it is returned to the arrestee.

Most of the time when given a choice to contest or relent they'll relent as they will have to prove the asset is theirs. For instance, if they find $100K in your car they will make you prove that it's your money. Whether through sale of an asset, W2 forms from the IRS, etc., anything that shows on paper you had the means to get $100K legally then you keep it.

Most often the bad guy signs it over as they have no chance that they can prove the money was obtained legally.

[chulaivn66]

O.K. FreedomWarrior you asked for this and now you've got my attention! I am a former law officer with 21 years of uniform experience under my old belt in the most crime infested area of Los Angeles and this investigation barely rates a knock at the door!

I've been following this case since it happened and examining every shred of the available evidence including reading the 500 some odd pages of SWAT team statements to investigaors. I've been to the house. I've examined what took place there. I've seen the raid tape so many times I have nightmares from it. I've seen and done it all sport in including two tours in VN. The SWAT raid was totally unnecessary and the warrant service should have been done by two uniforms and two detecives max! There is nothing to support the use of overwhelming police SWAT tactics in this case. Now when you've lived a life in uniform similar to mine enforcing the law evenhandedly treating citizens in this country, yes even the criminals, with respect and an eye looking at the constitutionality of everything we as officers do, then and only then can you spout off. Speak from experience or don't speak at all. Yes. I live in Tucson, Arizona, and for the life of me I do not understand why the people just cave in to the use actions such as these by law enforcement officials at every government level. Wake up!

[MileHi]

gulogwarrior does not deserve your reasoned response, he deserves your utter contempt. He does not merely disagree, he is an enthusiastic jackboot; an unabashed champion of unchecked brute force in the name of the state when he agrees with the ends.

[freedomwarrior998]

What was your ORI number?

[freedomwarrior998]

Typical libertine response, lacking in any rationality. You do realize that such responses are fallacious right?

[SeeSac]

and he and his relatives had a bunch of junky cars

hmmm. Six cars with a value of $150k ... let's see ... $150k / 6 is ... $25k .... My car is worth $20k. Fido thinks my car is a bunch of junk ...

[MileHi]

I realize that I find the body of your postings... contemptable.

Libertine? How dreary, and yet contemptable.

[rolling_stone]

The warrant contains contradictory information on one hand the affiant states Jose Guerena is employed and earns $41,000 a year and on the other it is stated “this group of individuals has been surveilled for a six month period and certain facts about their behavior have been established. There is no pattern to suggest that a legitimate work routine exists. No one ever went to a place of business and stayed for any significant amount of time. With the exception of Miguel Rodriguez who works for Direct TV no one was ever seen wearing a work uniform”

“Department of Economic Security reports, for the most part, that these individuals do not have the income to support their assets.”

The affiant states a criminal history check on Jose reveals arrests in Pinal County for five felony counts regarding possesion of marijuana, drug paraphernalia, and misconduct involving weapons, however no felony convictions were annotated on the record.

It appears to me also to be shoddy police work. How long did they surveille Jose-two weeks but the report says 6 months. They didnt bother getting a copy of his arrest reports from Pinal County? Why not? I would not be surprised if this part was added to the affidavit in the 3 week hidden window, I would like to see the document verifying time and date the criminal history was run by Det Tisch. How about running over to Pinal County and getting his arrest records? When were they and what were they? Call me suspicious. He also had a legitimate job that they verified but left out of their end summary for the warrant. If I was the judge I would not have issued on Jose I would have requested more information.

And other than the remark about “weapons misconduct “ they attribute to Jose their is no mention of violence or weapons....This does not justify a SWAT team. What was the order of serving the warrants? What did they find?

We have a dead individual the result of shoddy detective work, shoddy review of the affidavit by the judge, and terrible execution of the warrant. No wonder they hid it for so long they wanted the public to cool down before they stung some people up. For the most part...yeah that gets me- for the most part they are guilty but we want a warrant for everyone anyway,,,,

[nparker99]

Anyone else find the timing of this odd?
http://www.kold.com/story/14836958/former-pima-county-sheriffs-charged-with

Maybe the Guerena brother that was the focus of the investigation was beating them to the punch and the deputies didn’t like it - and they had their hand in getting the police to investigate and then do the raid.....just a possibility.....