Another SWAT team screw up

[Cmazzac]

A SWAT team breaks down the door of a families house and flashbangs their 18 year old daughter. Turns out its the wrong address ... Can somebody say lawsuit?

http://www.msnbc.msn.com/id/48018051/ns ... -security/

[evan price]

Can somebody say qualified immunity?

Not that I agree with it.

The militarization of the police has gotten so out of control that they send the SWAT team when a simple knock and talk might suffice. Got to justify those dollars spent and the gear donated by Uncle Sugar.

[Atilla]

This was in Indiana where homeowners/residents retain their right to self defense even from law enforcement, especially in situations like this.

[JediSkipdogg]

Can somebody say qualified immunity?

Not that I agree with it.

The militarization of the police has gotten so out of control that they send the SWAT team when a simple knock and talk might suffice. Got to justify those dollars spent and the gear donated by Uncle Sugar.

What's wrong is when judge's sign warrants giving the police the authority to do items like this based on "non-specific location" information. I'm sorry, search warrants, arrest warrants, crimes, etc should never be traced to a phone number (land or cell) or an IP address. I can spoof any of those three in under a minute and send the police to PGWP's house while he's working on the side of a roadway. I have tried time and time again to explain "number portability" to the officers I work with and they still think because you have a 513 area code you live in SW Ohio.

[pleasantguywhopacks]

What's wrong is when judge's sign warrants giving the police the authority to do items like this based on "non-specific location" information. I'm sorry, search warrants, arrest warrants, crimes, etc should never be traced to a phone number (land or cell) or an IP address. I can spoof any of those three in under a minute and send the police to PGWP's house while he's working on the side of a roadway. I have tried time and time again to explain "number portability" to the officers I work with and they still think because you have a 513 area code you live in SW Ohio.

And how does one know when is it a mistake or even a issue of spoofing? In any event it puts to much of a burden on the citizen to make the perfect choice when defending or not his home. No knock warrants for issues that have no direct proof of violence on the part of the subject should be forbidden.

It's going to be ugly if I'm subjected to a false issue of a no knock search warrant.

[deanimator]

I have tried time and time again to explain "number portability" to the officers I work with and they still think because you have a 513 area code you live in SW Ohio.

My buddy who works for Microsoft has a cell phone with a Delaware area code.

He lives in Seattle.

[deanimator]

And how does one know when is it a mistake or even a issue of spoofing? In any event it puts to much of a burden on the citizen to make the perfect choice when defending or not his home. No knock warrants for issues that have no direct proof of violence on the part of the subject should be forbidden.

I think the candid answer would be, "Not our problem."

1. They want the arrest numbers.
2. They want the civil fofeitures.

If you get killed "accidentally" to accomplish those goals, it's just a "cost of doing business".

It's going to be ugly if I'm subjected to a false issue of a no knock search warrant.

Don't you know?

You're not supposed to resist ANYTHING that looks like a home invasion because it MIGHT be the cops. That's why you shouldn't have guns AT ALL.

[OhioPaints]

I have tried time and time again to explain "number portability" to the officers I work with and they still think because you have a 513 area code you live in SW Ohio.

That's plain scary....

[pleasantguywhopacks]

It's going to be ugly if I'm subjected to a false issue of a no knock search warrant.

Don't you know?

You're not supposed to resist ANYTHING that looks like a home invasion because it MIGHT be the cops. That's why you shouldn't have guns AT ALL.

Sadly I have no choice but to assume who ever is coming in my door to be a criminal. I feel sorry for the officers family and mine if I am the subject of one of those bad warrants.

One would think that an overhaul of the warrant system would be justified but as in all thing bureaucratic it only seems to be getting worse.

[BobK]

This was in Indiana where homeowners/residents retain their right to self defense even from law enforcement, especially in situations like this.

Texas had it first . . .

And with some of the history of corrupt law enforcement in Texas, Texas needed it first.

I have tried time and time again to explain "number portability" to the officers I work with and they still think because you have a 513 area code you live in SW Ohio.

I've got two home telephone numbers (1 Vonage, 1 MagicJack) and 5 cell phone numbers for my household. Six of the seven numbers start with area code 614.

I did pick up a Houston-area 281 number via MagicJack when I got here.

[wkdravenna]

I just want to let you know. On my cell phone I have a 419 Toledo Number, a 330 Portage County Number and a 734 Monroe Co Michigan Number hooked up. If you call any 3 of those numbers I'll get the call and I can choose which number I can call you from.

Also, I can call on my phone to you're phone and make it look like you're wifes calling. Pretty messed up.

[carmen fovozzo]

" The freakin door was open "

[Werz]

One would think that an overhaul of the warrant system would be justified but as in all thing bureaucratic it only seems to be getting worse.

The "warrant system" is pretty straightforward: " ... and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation ..." U.S. Const. amend. IV.

The issue is what constitutes "probable cause." Cases like this one often involve police, judges, and sometimes prosecutors who don't know any more about teh intrawebz than the Average Joe who buys a Dell at the local BestBuy. No bad faith; to them, it looks pretty good. And if there's nobody around to say, "Hey, wait a second, that doesn't really mean anything ..." then the warrant is going to be signed. And if the threatening messages include stuff like "i haz lotsa gunz" and "i r gonna commit suiside by cop," the judge will probably issue a no-knock warrant.

(In reality, the judge will probably do it once. I think the standard of proof for search warrants being issued to the Evansville Police just increased substantially.)

[Beskar'gam]

open Wi-Fi connection

Sigh, there is a reason that the software drivers for wireless routers has a password setup screen.

But, seriously, busting in a storm door seems a bit extreme.

" The freakin door was open "

Yeah....

[sodbuster95]

Cases like this one often involve police, judges, and sometimes prosecutors who don't know any more about teh intrawebz than the Average Joe who buys a Dell at the local BestBuy.

I came to the law from an I.T. background (having previously worked as a network administrator.) Most of the judges / lawyers I speak with on the topic view me as the practitioner of some dark art.

I've decided that lawyers as a group have an even lower understanding of I.T. than most other groups. I had one refuse to accept a PDF via email because a "fax copy" was needed. Um...k.