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Posted: 5/5/2024 8:03:40 PM EDT
[Last Edit: PepePewPew]
Well, we know it's one of these houses, let's just take a guess and pick one.
Now there's a Fifth Circuit ruling that says the cops are immune to paying for the damage they did assaulting an innocent family's house. Ain't that special? Violating department policy and procedure is the sort of reasonable action that the courts grant immunity for...  SWAT Raid on 'WRONG HOUSE!' Dragging Through the Courts https://ij.org/case/texas-wrong-house-raid/ Everyone who visits a home for the first time—including delivery drivers, plumbers, and Girl Scouts—knows that you have to make sure you have the right address before barging in. Somehow, Waxahachie Police Department (WPD) Lieutenant Mike Lewis didn’t get the memo. In the dead of night, Lewis directed a heavily armed SWAT team to storm a home in which the innocent Karen Jimerson was getting ready for bed while her loved ones slept. Lewis had every reason to know he directed his SWAT team to the wrong house. First off, he had a copy of the search warrant and photos of the suspected house, and Karen’s address was clearly affixed to the front of her home. Although he later reported that he “believed” the numbers on Karen’s home (593) matched the address on the warrant (573), Lewis admitted that he never got a good look at her address before ordering the raid. Even worse, Karen’s home and the target house looked very different—Karen’s house had an impossible-to-miss wheelchair ramp (which the target house lacked), while the target house had a perimeter fence, a porch, a detached garage, and stairs leading to the front door (which Karen’s house lacked). Without double-checking Karen’s address or noticing the obvious physical differences between her house and the target house, Lewis ordered officers to “break and rake” her home. On Lewis’ command, officers busted down Karen’s door, detonated a flashbang grenade in her front yard, shattered her windows, and held her terrified family at gunpoint until another officer realized Lewis’ mistake. In the wake of the raid, an internal investigation found that Lewis “completely overlooked” the WPD’s “reasonable and normal protocol,” and Lewis was suspended without pay. |
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NM, USA
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Posted: 5/5/2024 8:07:32 PM EDT
[#1]
JFC.
WTF is wrong with people? |
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Posted: 5/5/2024 8:09:54 PM EDT
[#2]
In before “until I see every unedited hour of every body camera, every police report, every court decision, the home owner’s driving record and school transcript, the medical history of the K-9 unit, the chief’s breakfast menu, and the deed history going back 200 years it is completely unreasonable to come to any conclusions on this.”
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Posted: 5/5/2024 8:11:00 PM EDT
[#3]
“Still, when Karen and her family sued Lewis for violating their Fourth Amendment rights, a divided three-judge panel on the Fifth Circuit ruled that qualified immunity shields him from accountability. According to the panel, Lewis didn’t have “fair notice” that ordering a warrantless no-knock raid on the wrong house violates the constitutional rights of the people inside. “
There’s that qualified immunity thing again. |
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Posted: 5/5/2024 8:12:59 PM EDT
[#4]
Quote HistoryOriginally Posted By 13FoxVet: “Still, when Karen and her family sued Lewis for violating their Fourth Amendment rights, a divided three-judge panel on the Fifth Circuit ruled that qualified immunity shields him from accountability. According to the panel, Lewis didn’t have “fair notice” that ordering a warrantless no-knock raid on the wrong house violates the constitutional rights of the people inside. “ There’s that qualified immunity thing again.  Attached File |
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Posted: 5/5/2024 8:13:18 PM EDT
[#5]
Quote HistoryOriginally Posted By 13FoxVet: “Still, when Karen and her family sued Lewis for violating their Fourth Amendment rights, a divided three-judge panel on the Fifth Circuit ruled that qualified immunity shields him from accountability. According to the panel, Lewis didn’t have “fair notice” that ordering a warrantless no-knock raid on the wrong house violates the constitutional rights of the people inside. “ There’s that qualified immunity thing again. Y'all just don't understand QI. QI doesn't protect obvious 4A violations like this one. (/sarcasm) |
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USA
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Posted: 5/5/2024 8:13:53 PM EDT
[#6]
Quote HistoryOriginally Posted By badkarmaiii: JFC. WTF is wrong with people? Qualified immunity. |
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Posted: 5/5/2024 8:15:17 PM EDT
[#7]
Restitution should be paid by officer's wives serving in the innocent family's brothel.
this shit would stop real quick |
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Posted: 5/5/2024 8:17:52 PM EDT
[#8]
All warrantless searches are presumptively unreasonable. And in these cases the police shouldn’t be allowed to reference the warrant in court since it’s for a different property.
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Posted: 5/5/2024 8:18:11 PM EDT
[#9]
Americans’ constitutional rights will continue to be trampled upon until that fucking qualified immunity is once and for evermore vanquished.
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USA
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Posted: 5/5/2024 8:20:08 PM EDT
[#10]
Texas you say?
Texas and Florida are police states with no respect for the rights of its citizens when concerning the 4th amendment. |
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TX, USA
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Posted: 5/5/2024 8:23:13 PM EDT
[#11]
As someone that plans and executes search warrants with SWAT, I have no idea how the fuck that can happen.
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IN, USA
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Posted: 5/5/2024 8:25:25 PM EDT
[#12]
Quote HistoryOriginally Posted By Antero: Americans’ constitutional rights will continue to be trampled upon until that fucking qualified immunity is once and for evermore vanquished. My man. Can I subscribe to your newsletter? QI can't possibly go away fast enough. You and I are held accountable for our actions in daily personal, public, and professional lives. However, others are immune to that "in certain circumstances". Kind of doesn't seem right. |
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Posted: 5/5/2024 8:33:05 PM EDT
[#13]
I'm wondering what the value of these "police fucked up and got away with it" threads is anymore.
GD is more informed than most when it comes to abusive policing, so this is nothing new. Unless and until idiot cops like this LT and his SWAT crew are held accountable in a way that hurts and deters them for fucking up so obviously and egregiously, there is no point in starting these threads just so the ACAB and the TBL dudes can go at it. Unless watching the ACABs and TBLs talk shit to each other is the point.  |
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USA
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Posted: 5/5/2024 8:36:03 PM EDT
[#14]
Quote HistoryOriginally Posted By right_rudder: Restitution should be paid by officer's wives serving in the innocent family's brothel. this shit would stop real quick Criminal charges against people illegally breaking into peoples’ shouted would also fix it quick. But one hand washes the other in the legal system. |
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USA
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Posted: 5/5/2024 8:37:34 PM EDT
[#15]
Quote HistoryOriginally Posted By ThatGuy91K: As someone that plans and executes search warrants with SWAT, I have no idea how the fuck that can happen. Easy, you don’t give a fuck. And why would the officer? All the punishment he got was some time off. Just as half of people are below average, half of cops are below average officers. |
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Posted: 5/5/2024 8:41:42 PM EDT
[Last Edit: Aimless]
[#16]
[Deleted]
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AZ, USA
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Posted: 5/5/2024 8:46:52 PM EDT
[#17]
Quote HistoryOriginally Posted By SmilingBandit: Criminal charges against people illegally breaking into peoples’ shouted would also fix it quick. But one hand washes the other in the legal system. Quote HistoryOriginally Posted By SmilingBandit: Originally Posted By right_rudder: Restitution should be paid by officer's wives serving in the innocent family's brothel. this shit would stop real quick Criminal charges against people illegally breaking into peoples’ shouted would also fix it quick. But one hand washes the other in the legal system. Yep. Government agents approving of the actions of government agents. |
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Posted: 5/5/2024 8:53:08 PM EDT
[#18]
Quote HistoryOriginally Posted By Sixgunner45: [Deleted] Wow, got some mods panties in a bunch it seems. So, you can do it to "civilians" but if I suggest the same thing happens to "officers" you delete the comment? Sad, pathetic, especially since it didn't break COC, since what the "officers" did was apparantly not illegal. |
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Posted: 5/5/2024 9:00:45 PM EDT
[#19]
One of these days someone is gonna rent a bulldozer and pretend they're James Garner circa 1984.
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Posted: 5/5/2024 9:03:18 PM EDT
[#20]
Police should have to carry insurance just like doctors.
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Posted: 5/5/2024 9:08:43 PM EDT
[#21]
What if Karen defended herself while this warrant was being served? Assuming she waxed the officers, do you think she'd be facing charges for it?
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TX, USA
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Posted: 5/5/2024 9:10:23 PM EDT
[#22]
Quote HistoryOriginally Posted By Ryan_Scott: All warrantless searches are presumptively unreasonable. And in these cases the police shouldn't be allowed to reference the warrant in court since it's for a different property. Any sympathy I had for this stupidity wore off years ago. Until the criminals wearing a uniform actually face appropriate consequences I don't give any of them the benefit of the doubt in these cases. You F up, you're guilty. Start treating it like the violent crime it is and maybe the QI can apply in the more understandable cases. Luckily for them I am not a judge or on the city council. |
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WI, USA
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Posted: 5/5/2024 9:11:11 PM EDT
[#23]
Do you want an up-armored Komatsu? Because this is how you get an up-armored Komatsu.
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Posted: 5/5/2024 9:12:31 PM EDT
[#24]
Quote HistoryOriginally Posted By UTex86: In before “until I see every unedited hour of every body camera, every police report, every court decision, the home owner’s driving record and school transcript, the medical history of the K-9 unit, the chief’s breakfast menu, and the deed history going back 200 years it is completely unreasonable to come to any conclusions on this.” |
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Posted: 5/5/2024 9:12:48 PM EDT
[Last Edit: Beltfed308]
[#25]
Quote HistoryOriginally Posted By gearsmithy: What if Karen defended herself while this warrant was being served? Assuming she waxed the officers, do you think she'd be facing charges for it? Look at the Dotson NM shooting last year. The thread showed the culture in all its glory. ETA "According to the panel, Lewis didn’t have “fair notice” that ordering a warrantless no-knock raid on the wrong house violates the constitutional rights of the people inside." This will be exploited to the fullest within that district. Honk. Glad I have donated to IJ for years.. |
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AZ, USA
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Posted: 5/5/2024 9:13:31 PM EDT
[#26]
This Officer in particular needs to go fuck himself.
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USA
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Posted: 5/5/2024 9:13:34 PM EDT
[#27]
Quote HistoryOriginally Posted By UTex86: In before “until I see every unedited hour of every body camera, every police report, every court decision, the home owner’s driving record and school transcript, the medical history of the K-9 unit, the chief’s breakfast menu, and the deed history going back 200 years it is completely unreasonable to come to any conclusions on this.” and don't forget "This was just the first time they actually got caught, so it's fine if they were wrongly accused this one time." |
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Posted: 5/5/2024 9:15:52 PM EDT
[#28]
Quote HistoryOriginally Posted By badkarmaiii: JFC. WTF is wrong with people? Yes. you would fucking think verifying, being sure, and being DOUBLE FUCKING SURE you're about to kick in the CORRECT FUCKING DOOR would be the FIRST GORRAM THING YOU DO. |
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Posted: 5/5/2024 9:19:50 PM EDT
[#29]
I’m sure we can count on the SWAT officers who kicked their door in to back us when it’s time to oppose the Government.
They’re likely conservatives, you know. |
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Posted: 5/5/2024 9:23:12 PM EDT
[#30]
Quote HistoryOriginally Posted By thesquidliest: I'm wondering what the value of these "police fucked up and got away with it" threads is anymore. GD is more informed than most when it comes to abusive policing, so this is nothing new. Unless and until idiot cops like this LT and his SWAT crew are held accountable in a way that hurts and deters them for fucking up so obviously and egregiously, there is no point in starting these threads just so the ACAB and the TBL dudes can go at it. Unless watching the ACABs and TBLs talk shit to each other is the point. |
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Posted: 5/5/2024 9:23:41 PM EDT
[#31]
Quote HistoryOriginally Posted By tarheel7734: Police should have to carry insurance just like doctors. |
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Posted: 5/5/2024 9:27:06 PM EDT
[#32]
Quote HistoryOriginally Posted By ThatGuy91K: As someone that plans and executes search warrants with SWAT, I have no idea how the fuck that can happen. Complacency, lack of planning, lack of scouting, not having a path finder, having someone lie on a warrant affidavit, relying too much on an informant, or just being a lazy dipshit, those are the most common reasons. Doesn’t help when people don’t have addresses posted, aren’t official residents, and sometimes don’t even know their own address… We went to great lengths to ensure it never happened as well. But start skipping steps, and you can see how easy it would be for things to go awry. |
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AZ, USA
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Posted: 5/5/2024 9:28:36 PM EDT
[#33]
Quote HistoryOriginally Posted By tac556: Complacency, lack of planning, lack of scouting, not having a path finder, having someone lie on a warrant affidavit, relying too much on an informant, or just being a lazy dipshit, those are the most common reasons. Doesn’t help when people don’t have addresses posted, aren’t official residents, and sometimes don’t even know their own address… We went to great lengths to ensure it never happened as well. But start skipping steps, and you can see how easy it would be for things to go awry. Quote HistoryOriginally Posted By tac556: Originally Posted By ThatGuy91K: As someone that plans and executes search warrants with SWAT, I have no idea how the fuck that can happen. Complacency, lack of planning, lack of scouting, not having a path finder, having someone lie on a warrant affidavit, relying too much on an informant, or just being a lazy dipshit, those are the most common reasons. Doesn’t help when people don’t have addresses posted, aren’t official residents, and sometimes don’t even know their own address… We went to great lengths to ensure it never happened as well. But start skipping steps, and you can see how easy it would be for things to go awry. And you can see why people would skip steps when there are no repercussions for doing so. |
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Posted: 5/5/2024 9:34:38 PM EDT
[Last Edit: thesquidliest]
[#34]
Quote HistoryOriginally Posted By TGE: Please go start a Boomer vs Millennial thread for us, that'd be fresh and fun. Or maybe one about motorcyclists, or better yet bicyclists. Quote HistoryOriginally Posted By TGE: Originally Posted By thesquidliest: I'm wondering what the value of these "police fucked up and got away with it" threads is anymore. GD is more informed than most when it comes to abusive policing, so this is nothing new. Unless and until idiot cops like this LT and his SWAT crew are held accountable in a way that hurts and deters them for fucking up so obviously and egregiously, there is no point in starting these threads just so the ACAB and the TBL dudes can go at it. Unless watching the ACABs and TBLs talk shit to each other is the point. 
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Posted: 5/5/2024 9:42:02 PM EDT
[#35]
Stir that pot.
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IA, USA
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Posted: 5/5/2024 9:46:16 PM EDT
[#36]
Quote HistoryOriginally Posted By Imzadi: Yep. Government agents approving of the actions of government agents. Quote HistoryOriginally Posted By Imzadi: Originally Posted By SmilingBandit: Originally Posted By right_rudder: Restitution should be paid by officer's wives serving in the innocent family's brothel. this shit would stop real quick Criminal charges against people illegally breaking into peoples’ shouted would also fix it quick. But one hand washes the other in the legal system. Yep. Government agents approving of the actions of government agents. Police officers feed the machine. You think judges or lawyers are going to go round up "offenders"? Of course the system is going to do everything in its power to shield them. Unless of course if it's more politically, financially or otherwise motivated to not do so. |
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Posted: 5/5/2024 9:47:51 PM EDT
[#37]
Quote HistoryOriginally Posted By Moon-Watcher: Stir that pot. So annoying when posters stir the pot with rare isolated incidents by the very small fraction of bad apples that happen every single day. |
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Posted: 5/5/2024 9:49:28 PM EDT
[#38]
Quote HistoryOriginally Posted By thesquidliest: Maybe one about Boomers yelling at the cyclists riding on their property while a motorcyclist hits a bear heading towards the woods instead of a scary man? Quote HistoryOriginally Posted By thesquidliest: Originally Posted By TGE: Originally Posted By thesquidliest: I'm wondering what the value of these "police fucked up and got away with it" threads is anymore. GD is more informed than most when it comes to abusive policing, so this is nothing new. Unless and until idiot cops like this LT and his SWAT crew are held accountable in a way that hurts and deters them for fucking up so obviously and egregiously, there is no point in starting these threads just so the ACAB and the TBL dudes can go at it. Unless watching the ACABs and TBLs talk shit to each other is the point.  I'd read another man-bear thread any day, but if you can get a road captain story in there you'll have my heart forever. |
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Posted: 5/5/2024 9:50:03 PM EDT
[#39]
Quote HistoryOriginally Posted By Antero: Americans’ constitutional rights will continue to be trampled upon until that fucking qualified immunity is once and for evermore vanquished. Yes. Abolish it and while at it manufactured PC like drug dogs and I can smell weed in your car |
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Posted: 5/5/2024 10:03:16 PM EDT
[#40]
Quote HistoryOriginally Posted By UTex86: So annoying when posters stir the pot with rare isolated incidents by the very small fraction of bad apples that happen every single day. Quote HistoryOriginally Posted By UTex86: Originally Posted By Moon-Watcher: Stir that pot. So annoying when posters stir the pot with rare isolated incidents by the very small fraction of bad apples that happen every single day. Sorry to interrupt your |
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Posted: 5/5/2024 10:04:51 PM EDT
[#41]
Originally Posted By PepePewPew:...detonated a flashbang grenade in her front yard.... In the front yard? What fucking good does that do? |
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Posted: 5/5/2024 10:08:15 PM EDT
[#42]
Quote HistoryOriginally Posted By Remyrw: If his department wants to shield him, they can pay up too. His department suspended him without pay for violating policy. 2 out of 3 5th Circuit judges said it was reasonable and prudent for him to violate policies intended to prevent him from breaking into innocent peoples' houses. I'd say it's the copsucking justices who shielded him. Those copsuckers would be the opinion's author Leslie H. Southwick (GW Bush-2008) and Carl E. Stewart (Clinton-1994). James L. Dennis (Clinton-1995) ripped them a new one in his dissent. I should also note that the district court denied QI, Southwick and Steward overturned a proper decision. https://cases.justia.com/federal/appellate-courts/ca5/22-10441/22-10441-2024-02-01.pdf?ts=1706812289 Based on the undisputed facts in this case, Lewis failed to use the intelligence he received from the Drug Enforcement Agency (DEA) that would have easily allowed him to direct the SWAT team to the target house. The DEA alerted Lewis that the house number was painted on the curb and affixed to a wooden pole on the deck, and that the target house was the thirteenth one on the block. Despite having this information, Lewis did not even check the number of the house before instructing the SWAT team to execute the warrant on the Jimersons’ home—separated from the target house by more than one residence—by deploying a flash bang, breaking all their front windows using the “break and rake” technique, and forcing open the front door. Lewis wrote in an incident report that he “believed” the numbers on the Jimersons’ home to be that of the target house, despite the fact that he admitted his view was obscured because the Jimersons “had a brightly glowing porch light directly above them that was causing a reflection on the siding of the house.” Regardless of Lewis’ ability to see the numbers on the home, the search warrant alerted him that the target house number was written on the curb in front of the house and on a wooden pole supporting the house—not on the front of the house like at the Jimerson residence. Even more glaring are the notable physical distinctions between the two houses: while there is a prominent wheelchair ramp that protrudes from the Jimerson house with railings that appear to be waist-high, the target house had no such ramp and featured a chain-link fence around the perimeter of the property—differences evident from the photographs of the target house provided to Lewis before the execution of the warrant. Though it is undisputed that Lewis violated the Jimersons’ Fourth Amendment rights in executing a SWAT-style entry into their home without a warrant, the majority finds that the Jimersons’ claim fails because Lewis’ actions were not objectively unreasonable in light of clearly established law. |
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Posted: 5/5/2024 10:10:47 PM EDT
[#43]
Quote HistoryOriginally Posted By BloodRaven: In the front yard? What fucking good does that do? They forgot to open the front door before they tossed the bang |
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Posted: 5/5/2024 10:13:47 PM EDT
[#44]
Quote HistoryOriginally Posted By BloodRaven: In the front yard? What fucking good does that do? Quote HistoryOriginally Posted By BloodRaven: Originally Posted By PepePewPew:...detonated a flashbang grenade in her front yard.... In the front yard? What fucking good does that do? It is like a really loud knock. Court errored on this ruling. |
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Posted: 5/5/2024 10:15:02 PM EDT
[#45]
Quote HistoryOriginally Posted By ThatGuy91K: As someone that plans and executes search warrants with SWAT, I have no idea how the fuck that can happen. Ohhh I can. anyone who keeps up with Judges, DA's and LEO's has seen it. many. times. |
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Posted: 5/5/2024 10:18:46 PM EDT
[#46]
QI and no knock raids should be illegal in all fifty states.
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Posted: 5/5/2024 10:18:52 PM EDT
[#47]
Quote HistoryOriginally Posted By gearsmithy: What if Karen defended herself while this warrant was being served? Assuming she waxed the officers, do you think she'd be facing charges for it? She’d be dead and it would be argued as justified. |
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Posted: 5/5/2024 10:18:57 PM EDT
[#48]
Since the paperwork was correct and the cops went to the wrong house charge the guy leading the fiasco. Breaking Entering, kidnapping, 5th ammd violation, pile the shit on.
Paperwork is wrong and they go the the wrong house (but it is what is on the paperwork) charge the guy in charge for lying under oath. |
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Posted: 5/5/2024 10:19:07 PM EDT
[#49]
QI needs to go the way of the Dodo Bird.
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Posted: 5/5/2024 10:19:29 PM EDT
[#50]
Quote HistoryOriginally Posted By twistedcomrade: QI and no knock raids should be illegal in all fifty states. Ignorance about QI is what should be banned. |
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