Hypothetical situation about police raids
07-19-2012, 04:39 PM
#1
Member
Thread Starter
Join Date: Aug 2004
Location: Philly
Posts: 32
Likes: 0
Received 0 Likes
on
0 Posts
Vehicle: 2005 Tibby
Hypothetical situation about police raids
If a SWAT team busts through your door and in the act of protecting yourself you're brandishing a weapon because you have no idea what is happening, you get shot and killed by the police.
Turns out it was a case of mistaken identify and you were not the person suspected of the crime. You're just average joe citizen caught in the worst situation imaginable because swat entered the wrong home.
Who is responsible for your death and what should happen to them?
Hell let's go one step further and say you were the suspect but it turns out later that you weren't guilty of anything, the police went to the right home and you were the one they were looking for, but their information was bad. Go
Turns out it was a case of mistaken identify and you were not the person suspected of the crime. You're just average joe citizen caught in the worst situation imaginable because swat entered the wrong home.
Who is responsible for your death and what should happen to them?
Hell let's go one step further and say you were the suspect but it turns out later that you weren't guilty of anything, the police went to the right home and you were the one they were looking for, but their information was bad. Go
07-19-2012, 04:51 PM
#3
Senior Member
Join Date: Mar 2006
Location: tacos
Posts: 9,533
Likes: 0
Received 0 Likes
on
0 Posts
Vehicle: 2000 Elantra
well to be srs it depends on a ton of things, most states say that they have to announce who they are
the police force would be responsible if they killed a innocent person protecting there home, again it depends on the state
07-19-2012, 08:39 PM
#4
Super Moderator
If they don't announce, there are a BUNCH of people responsible, including every person on the entry team and probably their sergeant and lieutenant. The men get time off, maybe without pay and the department/city get a fat lawsuit.
07-19-2012, 10:46 PM
#6
Senior Member
Join Date: Mar 2006
Location: tacos
Posts: 9,533
Likes: 0
Received 0 Likes
on
0 Posts
Vehicle: 2000 Elantra
in nm about a decade or so ago cops raided this guys rental property, which is up the road from his house dressed in all black with ski masks. they had a anonymous tip that it was a drug lab or something
he happen to show up halfway through the raid and asked what they are doing, they told him to get lost
he goes home, calls 911 and tells him someone is looting his property, they told him cops are on the way. he gets tired of waiting for them to show up, goes into his house, gets his gun and goes to protect his property
cops shoot him a few times, handcuff him, and continue to search for drugs
he dies on the scene, his wife ended up losing the law suit for excessive force over a legal loophole
oh and in case you are curious, here is a map of all swat screw ups (at least ones that are reported...)
http://www.cato.org/raidmap/
EDIT, just found the story on that map of the situation i was talkin about
he happen to show up halfway through the raid and asked what they are doing, they told him to get lost
he goes home, calls 911 and tells him someone is looting his property, they told him cops are on the way. he gets tired of waiting for them to show up, goes into his house, gets his gun and goes to protect his property
cops shoot him a few times, handcuff him, and continue to search for drugs
he dies on the scene, his wife ended up losing the law suit for excessive force over a legal loophole
oh and in case you are curious, here is a map of all swat screw ups (at least ones that are reported...)
http://www.cato.org/raidmap/
EDIT, just found the story on that map of the situation i was talkin about
Ralph Garrison
On December 16, 1996, a SWAT team in black balaclavas raid a rental property owned by 69-year-old Ralph Garrison. Police are acting on a tip that the property contains equipment being used by methamphetamine addicts to print counterfeit checks and currency. They conduct the 6 am raid with the aid of a helicopter from U.S. Customs and with two K-9 units.
As the raid commences, Garrison confronts the police, and asks who they are, and why they're on his property. Raiding officers would later claim they told Garrison they were police, and that they were executing a warrant.
Just how clear they were is in dispute, as evidenced by Garrison's actions. After his initial inquiry, Garrison immediately returns to his home to call 911. He asks the dispatcher to send police, because, he says, vandals with "axes and all kinds of stuff" are breaking into his rental property. After some time passes, Garrison tells the dispatcher, "I've got my gun. I'll shoot the son of a b*tch."
According to raiding officers, Garrison then emerges from his house with a gun, where three officers open fire on him with AR-15 assault rifles. They handcuff Garrison after shooting him, then search his home. He dies at the scene. Police also shoot and kill Garrison's dog, a 14-year old chow, and apprehendhis wife, 69-year old Molly Garrison. Mrs. Garrison later said police didn't remove their hoods or identify themselves until after the raid. Police make no arrests in connection with the raid.
In 1999, a federal court dismissed the Garrison estate's lawsuit against the police department, holding that the officers had qualified immunity, a law that protects police from civil damages in any lawsuit where it is determined that they don't clearly violate any established constitutional protections.
On December 16, 1996, a SWAT team in black balaclavas raid a rental property owned by 69-year-old Ralph Garrison. Police are acting on a tip that the property contains equipment being used by methamphetamine addicts to print counterfeit checks and currency. They conduct the 6 am raid with the aid of a helicopter from U.S. Customs and with two K-9 units.
As the raid commences, Garrison confronts the police, and asks who they are, and why they're on his property. Raiding officers would later claim they told Garrison they were police, and that they were executing a warrant.
Just how clear they were is in dispute, as evidenced by Garrison's actions. After his initial inquiry, Garrison immediately returns to his home to call 911. He asks the dispatcher to send police, because, he says, vandals with "axes and all kinds of stuff" are breaking into his rental property. After some time passes, Garrison tells the dispatcher, "I've got my gun. I'll shoot the son of a b*tch."
According to raiding officers, Garrison then emerges from his house with a gun, where three officers open fire on him with AR-15 assault rifles. They handcuff Garrison after shooting him, then search his home. He dies at the scene. Police also shoot and kill Garrison's dog, a 14-year old chow, and apprehendhis wife, 69-year old Molly Garrison. Mrs. Garrison later said police didn't remove their hoods or identify themselves until after the raid. Police make no arrests in connection with the raid.
In 1999, a federal court dismissed the Garrison estate's lawsuit against the police department, holding that the officers had qualified immunity, a law that protects police from civil damages in any lawsuit where it is determined that they don't clearly violate any established constitutional protections.
07-20-2012, 02:02 AM
#7
Senior Member
Join Date: May 2012
Location: Killeen Texas
Posts: 621
Likes: 0
Received 0 Likes
on
0 Posts
Vehicle: 2005 Hyundai Tiburon GT
law enforcement clearly state who they are when entering a suspect's home; its hard to be mistaken. As for entering the wrong house I highly doubt it, raids are more cordinized then synchronized swimming a wrong address will b the last thing to go wrong. If the police raid a house its beond reasonable don't that the person they want is in their and wanted!
07-20-2012, 02:10 AM
#8
Senior Member
Join Date: Mar 2006
Location: tacos
Posts: 9,533
Likes: 0
Received 0 Likes
on
0 Posts
Vehicle: 2000 Elantra
lol i guess you missed the link i posted with HUNDREDS of wrong house raids
heres a great story to read
guy gets raided on accident....twice
and here is another well coordinated raid
heres a great story to read
guy gets raided on accident....twice
Charles Hall
In July 2004, DEA agents storm the temp agency office owned by Evansville, Indiana man Charles Hall. Hall is handcuffed and arrested in front of his employees and taken to the county courthouse.
Police drop the charges when they realize they've mistaken Hall for a drug suspect with the same name. Despite admitting their mistake, Hall is still included in a list of arrested suspects the DEA sends to the media. It is the second time in a year that Hall is wrongly arrested.
In July 2004, DEA agents storm the temp agency office owned by Evansville, Indiana man Charles Hall. Hall is handcuffed and arrested in front of his employees and taken to the county courthouse.
Police drop the charges when they realize they've mistaken Hall for a drug suspect with the same name. Despite admitting their mistake, Hall is still included in a list of arrested suspects the DEA sends to the media. It is the second time in a year that Hall is wrongly arrested.
and here is another well coordinated raid
LaKisha Dixon
In September of 2010, masked officers raided the Montgomery, Alabama, home of LaKisha Dixon.
Armed with automatic weapons and a search warrant for 812 South Union Street, they executed a no-knock entrance into Ms. Dixon's home. Guns drawn, they proceeded to detain her with her terrified children while they ransacked the home in search of illegal activity.
According to local coverage of the incident, officers told Ms. Dixon to "shut up and be quiet" when she tried to protest the search.
After a period of time, officers realized their mistake: the officers' search warrant covered 810 North Union Street, an address located more than a mile away from the Dixons' home.
The Montgomery Police Department has not admitted fault in the case, and is conducting its own internal review.
Ms. Dixon is considering legal action.
In September of 2010, masked officers raided the Montgomery, Alabama, home of LaKisha Dixon.
Armed with automatic weapons and a search warrant for 812 South Union Street, they executed a no-knock entrance into Ms. Dixon's home. Guns drawn, they proceeded to detain her with her terrified children while they ransacked the home in search of illegal activity.
According to local coverage of the incident, officers told Ms. Dixon to "shut up and be quiet" when she tried to protest the search.
After a period of time, officers realized their mistake: the officers' search warrant covered 810 North Union Street, an address located more than a mile away from the Dixons' home.
The Montgomery Police Department has not admitted fault in the case, and is conducting its own internal review.
Ms. Dixon is considering legal action.
07-20-2012, 03:04 AM
#10
Senior Member
Join Date: Mar 2006
Location: tacos
Posts: 9,533
Likes: 0
Received 0 Likes
on
0 Posts
Vehicle: 2000 Elantra
what about the second lady, who had a no knock entry
imagine that was your wife or mother
guys rushing in with automatics kicking the door down
hell i probably wouldve shot em
imagine that was your wife or mother
guys rushing in with automatics kicking the door down
hell i probably wouldve shot em