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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: BCrago66

I had this happen to a neighbor of mine. It was a middle-aged couple from Alabama. They bought the house next door to us that had been vacant for 3 years.

The people who owned it previously were definitely BAD people. They had been a blight to everyone in the neighborhood and basically terrorized the entire block to do anything to stop them because they did retalliate - not directly, but to your property (tires ice-picked, garbage in your yard, on your roof, eggs on your car and house) - stuff you could never prove.

Anyway, the BAD family were using their 5 year old kid to sneak into peoples homes and steal stuff. They finally got caught but they all beat town and were never seen again. Several family members and extended family members had lived in the house and no doubt drug dealing was probably going on.

Back to the couple from Alabama. As I mentioned the house was left vacant three years. HUD had the place remodeled - they had to completely tear everything out of the house, carpet, dry wall, all appliances - bathrooms - tile - everything. It looked pretty nice after the remodel and then this couple, with a 15 yr old daughter, from Alabama bought the place.

We got to meet them and found them to be very nice and great neighbors. After they had been in the house for a few months, in the middle of the night, cops by the truck full, SWAT, etc. broke down the door with guns drawn. They dragged this couple out of bed, as well as their daughter out of her bed, to the floor, guns to their heads, handcuffed, the works.

After several minutes the cops finally realized this was not the people they were after - it was someone from the BAD family that they wanted - who had left the place over three years ago. The easiest indicator that they had the wrong couple was that the people the cops were after were black - this couple from Alabama was white. Kind of difficult to miss even at night with thirty flashlights on you.

After they realized their mistake the “police” left - no apologies - no offer to fix the damage. This poor shaken couple unfortunately did not pursue legal action. I guess they didn’t want any trouble since they had just moved in, I don’t know. Anyway, how could that happen??

Don’t these guys recon these places before busting in the door, don’t they watch the place? I mean they must have spent thousands on that raid - how in God’s Name would they have not made absolutely sure they had the right people. They had the right place - three years too late - and totally wrong people!!


61 posted on 06/18/2012 6:53:48 PM PDT by rusty schucklefurd
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To: Ken H
How many F-ups does it take for it to get through the court’s heads that this is wrong?

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.


I find it rather childish for you to act like no-knock raids are a given if we don’t legalize drugs.

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.


Hate to break it to you, but it's pretty much what you said.

Tell you what butter-cup, how about providing a link so folks can read the full context of what you're refering to if you're going to quote me.

Do states set their own border policies?  How about their immigration policies, do they set them?  Do states set their own tariffs, and trade policies?  Can the federal government even federalize their national guard troops?  Is there a Federal Bureau of Investigation?  Does the FBI and Secret Service operate in all fifty states?  Are there federal statutes that they can enforce?  Do the states set Internal Revenue Policies, and enforce them?

Hmmm, I guess the states don't have all the power.  Who knew?

The federal government has set drug policies so that they are uniform between the states.  The federal laws on drugs have been judged to trump state laws.

You hang in there with that Tenth Amendment thing.  Good luck.

Why don’t you join me in attacking a very oppressive tactic we can agree on?

Certainly.

LOL, certainly?  Judging from you prior response and this one on the matter, it's not certain at all that you'll join me.

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.Well, you'll have to pardon me for thinking you'd rather argue about making drugs legal than join others in eliminating a very dangerous and threatening policy.

As for your interpretations of our Constitution, it seems to me you have a railroad tie in your eye, and are trying to get the splinters out of every elses eyes.  I do apprecaite your willingness to help though.  Well, okay..., I don't.


62 posted on 06/18/2012 7:16:26 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: BCrago66
I wonder if this is one reason the State of Indiana just passed a law that made it legal to defend yourself against unlawful incursions by law enforcement with lethal force?
63 posted on 06/18/2012 7:23:59 PM PDT by ExSoldier (Stand up and be counted... OR LINE UP AND BE NUMBERED...)
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To: BCrago66
“The agents entered the 14-year-old girl’s room first, shouting “Get down on the fucking ground.” The girl, who was lying on her bed, rolled onto the floor, where the agents handcuffed her. Next they went to the 11-year-old’s room. The girl was sleeping. Agents woke her up by shouting “Get down on the fucking ground.” The girl’s eyes shot open, but she was, according to her own testimony, “frozen in fear.” So the agents dragged her onto the floor. While one agent handcuffed her, another held a gun to her head.

Moments later the two daughters were carried into the living room and placed next to their parents on the floor while DEA agents ransacked their home. After 30 minutes, the agents removed the children’s handcuffs. After two hours, the agents realized they had the wrong house—the product of a sloppy license plate transcription—and left

Administrative Punishment; TEN LASHES

Then they are fired.

No pay, no benefits, no retirement, no rehire, no nothing.

.

64 posted on 06/18/2012 7:46:55 PM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: DoughtyOne

It’s not within the enumerated powers of Congress to ban or restrict simple possession of illicit drugs within the borders of a state. Period. (Gonzales v. Raich and its predecessor, Wickard v. Filburn, were wrongly decided.) So your bringing up other, quite different, area that are with Congress’ Commerce Clause power is irrelevant.


65 posted on 06/18/2012 7:55:12 PM PDT by BCrago66
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To: DoughtyOne
Do states set their own border policies?

No. Congress is delegated that authority under the power to regulate foreign commerce and to repel invasions.

How about their immigration policies, do they set them?

I believe that power was delegated to Congress by I.9.1, if memory serves.

Do states set their own tariffs, and trade policies?

Congress was delegated that power under I.8.3 (foreign commmerce), and states are expressly forbidden to do so.

Can the federal government even federalize their national guard troops?

Yes. Congress shall have power...

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

-snip-

The federal government has set drug policies so that they are uniform between the states. The federal laws on drugs have been judged to trump state laws.

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

66 posted on 06/18/2012 7:58:00 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: BCrago66
Ninth Circuit to DEA: Putting a Gun to an 11-Year-Old's Head Is Not OK

Extra! Extra! Blind squirrel finds nut!

67 posted on 06/18/2012 8:17:40 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: publius911

Kindly explain what the hell that has to do with anything.

I am against the ‘War on drugs’, no knock raids under any circumstances and pretty much anything else that is anti constitutional. There has never been a need to NOT get a warrant and not the slightest need to execute a SWAT style raid with the exception of hostage rescue.

We lost a lot of civil liberties under Bush 43 but few on here cared because it was a Republican. My view is that the government should *NEVER*, under any circumstances and for any reason, have more power, funding or authority - even if currently being run by the BEST of men- than we would want it to have if run by the worst of men.


68 posted on 06/18/2012 8:20:36 PM PDT by RedStateRocker
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To: RedStateRocker
We lost a lot of civil liberties under Bush 43 but few on here cared because it was a Republican.

Agreed, but it didn't include me.

My view is that the government should *NEVER*, under any circumstances and for any reason, have more power, funding or authority - even if currently being run by the BEST of men- than we would want it to have if run by the worst of men.

And I'd go even farther -- no more of any of that stuff than the bare minimum they need to discharge their Constitutionally mandated duties. IOW, even if a given power could only EVER be used for good, even by the worst scoundrel, they still don't get that power if they don't need it to do their job as defined by the Constitution.

69 posted on 06/18/2012 9:05:36 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking

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.


70 posted on 06/18/2012 9:23:31 PM PDT by RedStateRocker
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To: arthurus

“Every totalitarian government makes use of it.”
True, but remember in the Ukraine, behind every stalk of wheat there was...wheat. In America, behind every blade of grass, there is a gun. Yamamoto was right about that, and since his time the number of guns owned by law abiding citizens has exploded. Any tyranny would quickly come to grief here (although they might take California and New York...but they can have ‘em anyhow;)


71 posted on 06/18/2012 9:53:43 PM PDT by Frank_2001
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To: Clintonfatigued

“The War on Drugs is a war on innocent Americans.”

Fixed.


72 posted on 06/18/2012 10:12:26 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: BCrago66

How nice of the DEA to condition young girls to become easy prey for criminals.

What’s next? Will the want ad literally read:

Wanted: Men who are willing to scream obscenities at and bind young girls after ordering them from their beds. — The DEA


73 posted on 06/18/2012 10:51:44 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: arthurus

Au contraire.

The Republicans are not ignorant of the consequences of their actions.

To claim as much is to make excuses for them.

They are perfectly aware.


74 posted on 06/18/2012 10:55:09 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: DoughtyOne

You are assuming the wrong house raids *are* mistakes.

They are not. They are yet another step to conditioning the American public to fear The State.


75 posted on 06/18/2012 10:58:27 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: arthurus

Yes, it is. Glad to see someone finally put it that way.


76 posted on 06/19/2012 5:40:11 AM PDT by 383rr (Those who choose security over liberty deserve neither; GUN CONTROL= SLAVERY)
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To: BCrago66

I’m just curious if you can think of any other laws that are on the books today that Congress can’t come up with because they aren’t enumerated within the U. S. Constitution.

As you well know, there are literally thousands of them.

The only reason nobody cares, is that they can’t smoke them. So acting as if these laws don’t exist, and that drug policy is something totally different is... well... childish.


77 posted on 06/19/2012 5:47:35 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

When I was a boy, I read about the holocaust, and all the terrible things that happened in Germany to the Jews and others in those dark times. You look at those pictures, all the bodies, and you wonder where the SS could find people to do such things. How could someone? How could they do it? These victims weren’t soldiers.Just like the victims in the article, they had no guns, or tanks. They declared no war.
They were helpless.

I sadly must admit that I have found the answer. We have them right here in this country, just waiting. Just like the scumbag assholes in this particular case. They are no better than SS men. They have the same mentality, it is identical. They get off on it.


78 posted on 06/19/2012 5:50:07 AM PDT by 383rr (Those who choose security over liberty deserve neither; GUN CONTROL= SLAVERY)
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To: Ken H

Would you tell me what section of the Constitution specifically grants Congress the authority to devise any federal statutes? And yet there are federal statutes.]

There are thousands of them. There are thousands of them that go across state lines.

You are aware of that right?


79 posted on 06/19/2012 5:50:16 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: Altariel

I haven’t bought into that yet, but I’ve lagged behind on some other beliefs too, only to buy in later.


80 posted on 06/19/2012 5:58:40 AM PDT by DoughtyOne (Republicanism: Y1 Rant Y2 Rant Y3 Rant Y4, Oh nevermind, vote for him anyway. Rinse & Repeat!)
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