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Warrantless: Police raid wrong house (76 yr old stroke victim)
Copyright 2012, AuburnPub.com, 25 Dill Street Auburn, NY ^ | Posted: Sunday, March 25, 2012 3:00 am | Justin Murphy

Posted on 03/25/2012 7:48:03 AM PDT by Behind Liberal Lines

There are few people less likely to sell drugs than Fred Skinner.

The 76-year-old lives alone on Mc Neeley Road in Victory, getting by with help from neighbors. Much of his home has been quietly abandoned because he can’t get up and down the stairs; his son, also named Fred Skinner, said his mind “goes in and out.”

Since suffering a stroke last July, he speaks haltingly, sleeps with an oxygen tank and has a pacemaker in his chest.

Skinner doesn’t hear as well as he used to, but there was no missing the pair of crashes he heard late in the morning on March 13.

The first was at the outside door to his front porch and the second was at the inner door from the porch to his living room. About eight uniformed police officers burst into his kitchen, finding him at the table with a plate of breakfast crumbs.

“I was just setting there at the table,” he said. “They busted in and said, ‘Don’t move,’ so I didn’t move. I didn’t know what to do — I didn’t know why the troopers were running through the house.”

The officers spread out into the basement and second floor then quickly returned. Someone was handcuffing Skinner’s arms behind his back when they looked through the mail on the table and saw his name.

“They said, ‘Is this your name?’” Skinner said. “I said, ‘Yes.’ Then they said, ‘Wrong house.’”

The officers left as quickly as they came, leaving his doorknob on the porch floor and the two doors broken open. The whole incident took five minutes.

Once they left, Skinner called Barbara Bailey, his neighbor across the street. Bailey saw five or six patrol cars at the house next door to Skinner’s and went out to them.

She asked who they were and what they were doing; they told her they were conducting a drug raid from Rochester, she said.

“I said, ‘What about Fred Skinner’s house?’” Bailey said. “And he shrugged like he wasn’t telling me a damn thing.”

No one was home at the other house, either -- Bailey said the man who lives there is often out of town. The officers left without an apology or information about how Skinner might get reimbursed for the damage.

The raid was conducted by the Rochester Police Department and the Finger Lakes Drug Task Force, which is led by the Auburn Police Department and, in this case, also involved the Cayuga County Sheriff’s Office.

No one involved would specify the purpose of the raid or say why the officers broke into the wrong house. No arrests have been made in the original drug case, which is still active.

The Rochester Police Department was the lead agency. Department spokesman Stephen Scott declined to comment but said there is an investigation into the incident.

“We haven’t determined there was a mistake yet; the investigation is still ongoing,” he said.


TOPICS:
KEYWORDS: cayuga; county; donutwatch; drugs; drugwar; dynamicentry; fred; killswat; militarizedpolice; noknockraids; policestate; rapeofliberty; skinner; standingarmy; swatabuse; swatassholes; warondrugs; wod; wodlist; wosd
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To: PhiloBedo

If the war on drugs were dropped, we wouldn’t have any of this non-sense. Neither innocent people nor cops would be put into these situations.


51 posted on 03/25/2012 8:59:30 AM PDT by AlmaKing
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To: pepsionice
some very good..reasonable.. suggestions.
should written into law...but will never happen.
w/ OBozo's AG, we've become a police state.

52 posted on 03/25/2012 9:05:39 AM PDT by skinkinthegrass ( Kill all the terrorists, Protect (all) the borders, ridicule all the (surviving) Liberals :^)
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To: reefdiver

I wonder if Lonsberry knows about it.


53 posted on 03/25/2012 9:06:08 AM PDT by Behind Liberal Lines
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To: Behind Liberal Lines

From the article:

“The New York Police Department, for instance, specifies that the commanding officer be notified immediately and that a uniformed officer stay at the scene until a city contractor arrives to repair the door.

Other agencies will be sure to have a contractor on-call for immediate repairs.”

Just incredible!


54 posted on 03/25/2012 9:06:41 AM PDT by vette6387
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To: hinckley buzzard
...but the PD has apologized and promised to pay for repairs.

Apologized! Well, I guess that makes it ok then and makes our Nazis better than the German version.

We can rest assured, this won't ever happen again...and again...and again, etc.

What would the proper apology be if he had a fatal stroke or heart attack as a result of their storm trooper assault?

It's a good thing he didn't have any pets, b/c SOP apparently is to kill every four legged creature they see during these assaults on private citizens.

As my late father used to say, ""Sorry" doesn't cut it."

These raids are illegal, if not in violation of the letter of law, then certainly in violation of the spirit intended for our law by those who wrote it.

55 posted on 03/25/2012 9:13:13 AM PDT by GBA (America has been infected. Be the cure!)
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To: Behind Liberal Lines
That's the guy, I'm guessing if He doesn't know, He will soon.
56 posted on 03/25/2012 9:21:23 AM PDT by reefdiver ("Let His day's be few And another takes His office")
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To: PhiloBedo

If the war on drugs were dropped, we wouldn’t have any of this non-sense. Neither innocent people nor cops would be put into these situations.


57 posted on 03/25/2012 9:25:21 AM PDT by AlmaKing
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To: pepsionice
These are good ideas and likely would go a long way to solving the no knock leap to police state tyranny.

They would go a long way to help the hard working, rank and file LEOs who truly are community servants working for those who depend upon them. They are the other victims of this policy.

They are put into these situations where they do the damage and the harm, but are essentially following their orders and doing what they are trained to do.

They are being turned into the "enemy" thanks to this so-called "war on drugs" that is more accurately a war on liberty, citizens and human nature.

As such, the war on drugs was lost the day it was declared.

58 posted on 03/25/2012 9:32:18 AM PDT by GBA (America has been infected. Be the cure!)
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To: unixfox
Eventually someone is going to shoot back. And the blood will be on these Jack Booted Thugs.

And nothing will happen to them. NOTHING.

It's already happened, more then once. The latest that I've heard of was a retired Marine shot over 20 times while holding an AR-15. These things will continue to happen as long as police use tips from low level druggies to snag "dealers". The tipsters seem to make a lot of mistakes in their addresses, maybe because they are druggies!

With most CCW states having "Castle Doctrine" laws, it can only get worse... I will not stand my ground (I will be firing from a prone position!)

Regards,
GtG

59 posted on 03/25/2012 9:34:30 AM PDT by Gandalf_The_Gray (I live in my own little world, I like it 'cuz they know me here.)
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To: driftdiver
The problem is the military training, tools, and tactics all cops receive.

They send them here to Quantico and give them all sorts of military and covert training.

I see many visiting cops around here wearing special green Battle Dress and carrying their sidearms. They would never tell me what they were doing but I finally found out through someone on Quantico.

It worries me to see all these Government thugs being trained to subjugate us and they are doing it in partial secrecy.

60 posted on 03/25/2012 9:40:46 AM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: Behind Liberal Lines
Let me guess. It's illegal to own firearms in Victory isn't it? These training exercises have got to stop. Citizens in states where your 2nd amendment rights are being denied you need to take your state back. Get rid of the sorry a** politicians that are hiring and funding these types of jack booted thugs. Here in Texas you rarely hear about a bunch of knuckle headed, government sanctioned gang members illegally busting into homes. They'd get shot here.

I'm just sayin.

61 posted on 03/25/2012 9:41:45 AM PDT by Whats-wrong-with-the-truth (Romney... Just put the (D) behind your name and be done with it.)
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To: Whats-wrong-with-the-truth
Let me guess. It's illegal to own firearms in Victory isn't it?

Victory is a rural community in Upstate New York where pistols require a permit but long guns are very common.

62 posted on 03/25/2012 9:47:32 AM PDT by Behind Liberal Lines
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To: Behind Liberal Lines

At least they didn’t have any dogs to shoot.


63 posted on 03/25/2012 9:52:36 AM PDT by Principled
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To: bike800

“In my neck of the woods...we are required to stake out the house...get a written description of the residence...verify everything...take it to supervisor...before even applying for a search warrant...been in law enforcement for 20 years...never had a wrong residence hit....”

Mine was slightly different. I foreclosed on a house, and moved in to fix it up. Same smasked doors....cuffed me, and put me on a freezing floor, while they ransacked the house, and left it a shambles. Nobody would listen to me explain that the previous owner no longer lived there.


64 posted on 03/25/2012 10:05:38 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: Behind Liberal Lines
AGAIN!!!???
65 posted on 03/25/2012 10:11:42 AM PDT by grobdriver
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To: AlmaKing

“If the war on drugs were dropped, we wouldn’t have any of this non-sense. Neither innocent people nor cops would be put into these situations.”

Oh yes you WOULD! These are not all for drug raids.
Not by a long shot.


66 posted on 03/25/2012 10:15:14 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: PhiloBedo

“If LEO’s lost their job and had to pay restitution for these “mistakes”, they would do their homework and make fewer wrong entries.”

I don’t want them to lose their jobs for this without a chance at rehabilitation. Ten lashes with the Cat-o-Nine-Tails should do it for the first offense.


67 posted on 03/25/2012 10:28:35 AM PDT by dljordan ("Tyranny, like Hell, is not easily conquered.")
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To: Behind Liberal Lines; PhiloBedo; bamahead; listenhillary; pbmaltzman; Aevery_Freeman; ml/nj; ...
There's more to this incident that just property damage caused by the police insanity. There is psychological damages to Mr. Skinner and, above all, a clear deprivation of Mr. Skinner's Fourth Amendment right to be protected against unwarranted, unconsented, non-exigent government break-ins and trespassing on his private property.

There is a federal civil rights statute which is designed specifically to obtain redress for such federal constitutional violations perpetrated by state or local government officials.

Hopefully, some attorney or law firm will aid Mr. Skinner in filing a federal suit against the perpetrators for all the damages suffered. And yes, violations of constitutional rights can carry a monetary price tag as well as property or physical or emotional damages.

Constitutionalists and libertarians must encourage and aid in any way they can American citizens who suffer abuses of their constitutional rights from government officials at any level - federal, state, county, or municipal - in seeking legal redress for their deprivations. And we must be persistent at it, until courts are more responsive to these cases.

68 posted on 03/25/2012 11:16:39 AM PDT by justiceseeker93
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To: justiceseeker93

B U M P


69 posted on 03/25/2012 11:36:33 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: hinckley buzzard

Oh hurray, they will apologize. That makes it OK?


70 posted on 03/25/2012 11:37:53 AM PDT by DariusBane (People are like sheep and have two speeds: grazing and stampede)
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To: Behind Liberal Lines

Fire them all, and forfeit their pensions. The existing pensions will fund the victim’s damages and lawsuit winnings so the people who effed up will be accountable.

Seriously.

Anytime SWAT does this crap. They’re done. And hard jail time if they murder innocent people. Enough.


71 posted on 03/25/2012 11:44:18 AM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: skinkinthegrass

This has little to do with Obama. SWAT teams all across the country have been raiding wrong homes, shooting dogs, murdering innocent people believing they home is being invaded (which it truly is) and then not admitting mistakes, leaving with no apologies or any info as to claim damages.

It’s been going on for over 30 years.


72 posted on 03/25/2012 11:46:53 AM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: OldMissileer

Read State Dept Publication 5277 Freedom From War. It’s about establishing internal paramilitary forces for countries. The regular armies go under the world government, but internal security forces will deal with internal conflicts. that is what it is really all about. War on drugs is largely a cover/plausible denial issue. Many of them believe they are doing it for war on drugs, just gives it all more credibility.


73 posted on 03/25/2012 11:51:04 AM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: unixfox
Eventually someone is going to shoot back. And the blood will be on these Jack Booted Thugs.

http://www.theagitator.com/2012/01/09/dea-agent-uses-death-of-swat-cop-to-propagandize/

74 posted on 03/25/2012 11:58:49 AM PDT by Forgotten Amendments (Sheep and insects need leaders.)
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To: justiceseeker93
absolutely right!!!
75 posted on 03/25/2012 12:01:23 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: Behind Liberal Lines

Is this the same Rochester police force who pulled this stunt?

http://endthelie.com/2011/06/25/rochester-police-harass-supporters-of-woman-who-was-arrested-for-filming-cops-from-her-lawn/#axzz1q9mXIgJs


76 posted on 03/25/2012 12:05:43 PM PDT by Forgotten Amendments (Sheep and insects need leaders.)
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To: Secret Agent Man
"It’s been going on for over 30 years."
that's understood..Don Scott, Randy Weaver & WACO,TX
bears mentioning; the heinous acts, were during Democrat
state/national administrations and it's getting worse since '92.

77 posted on 03/25/2012 12:18:32 PM PDT by skinkinthegrass ( Kill all the terrorists, Protect (all) the borders, ridicule all the (surviving) Liberals :^)
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To: skinkinthegrass
that's understood..Don Scott, Randy Weaver & WACO,TX bears mentioning; the heinous acts, were during Democrat state/national administrations and it's getting worse since '92.

Randy Weaver was under Bush I and the Waco siege started under Bush I. The police state is bipartisan. Don't think so? Name a single time a bad SWAT raid or dog shooting was mentioned on talk radio or Fox News. Name a Republican who criticized the militarization of police.

No, our wonderful rulers all across the spectrum love the police state. And so do the voters.

78 posted on 03/25/2012 12:28:13 PM PDT by Forgotten Amendments (Sheep and insects need leaders.)
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To: TwoSwords; yefragetuwrabrumuy
What if I am just scared that the "Law" is gonna bust down my door whether I am breaking the law or not? What if I safeguard my house to the extreme and LEOs get killed and maimed trying to execute a no-knock search on my residence. I know that I am doing nothing worthy of this kind of LEO attention but I am sure that Mr. Skinner thought the same thing.

WARNING: UNINVITED ENTRY INTO THESE PREMISES MAY BE FATAL.

79 posted on 03/25/2012 12:33:04 PM PDT by Delta 21 (Oh Crap !! Did I say that out loud ??!??)
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To: Bigh4u2

I left Rochester, too, just before the economy of the area collapsed. 2000.


80 posted on 03/25/2012 12:39:47 PM PDT by Lazamataz (Shut up and drill.)
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To: yefragetuwrabrumuy

I’m wondering what is going to happen when they do a no-knock at the wrong address and the home owner drops a few of them before he realizes what is going on.

The home owner will likely be among the dead.

And this has probably already happened.


81 posted on 03/25/2012 12:55:58 PM PDT by cableguymn (Good thing I am a conservative. Otherwise I would have to support Mittens like Republicans do.)
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To: GBA
Not quite

As of now they cannot require that your purchase a product under the Interstate Commerce Clause and then regulate your use of that product.

Once Obama Care is ruled constitutional, then they will be able to do anything that they wish.

Until then, enjoy your Freedom.

(see tagline)

82 posted on 03/25/2012 1:04:55 PM PDT by Aevery_Freeman (Typed using <FONT STYLE=SARCASM> unless otherwise noted)
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To: Forgotten Amendments

Yes, basically. However, in this case the RPD was acting as part of a regional task force, along with the Cayuga County Sheriff and the Auburn NY Police Department.


83 posted on 03/25/2012 1:17:45 PM PDT by Behind Liberal Lines
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To: Whats-wrong-with-the-truth

It isn’t the sorry politicians...it’s the sorry liberals who vote them into office.


84 posted on 03/25/2012 3:32:56 PM PDT by reardensteel
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To: stephenjohnbanker
Oh yes you WOULD! These are not all for drug raids.
Not by a long shot.

Really? I would sure like to see some data to back that up. It seems to me there are a sparse few not related to drugs or drug trafficking (though offhand I can't think of any in particular).

These raids are AT LEAST 90% drug related I would guess.

85 posted on 03/25/2012 6:44:48 PM PDT by Clinging Bitterly (We need to limit political office holders to two terms. One in office, and one in prison.)
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To: Delta 21; cableguymn

Actually, the way the law is written in most of the US, if an LEO “even illegally” breaks into your home and you shoot him, you have committed a crime. It does not matter if they are not uniformed, have not identified themselves, have not knocked, or followed any other “typical” police entry rules.

This has however, become an issue in the state of Indiana.

http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html

May 13, 2011 - “Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.”

Importantly, the only difference in this case was that their state supreme court officially recognized what much of the rest of the country has been doing, and this was “the straw that broke the camel’s back”. Less than a year later:

http://www.therepublic.com/view/story/63dffc10822d468eab13fda64bcfffee/IN—Police-Unlawful-Entry/

March 21, 2012 - “The measure specifies that people are protected by the state’s self-defense law if they reasonably believe force is necessary to protect themselves, someone else or their own property from unlawful actions by a public servant.

“The legislation was passed by strong majorities in the House and Senate and signed by the governor.”

Importantly, though, this only applies in one state as of now, so in the other 49, citizens *may* be held criminally liable for defending their home. If it is a criminal, they are likely free and clear. If it is an identical looking individual who happens to be a LEO, they could be arrested for murder.


86 posted on 03/25/2012 7:01:01 PM PDT by yefragetuwrabrumuy ("We're going to take things away from you on behalf of the common good." -- Hillary Clinton)
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To: vette6387
From the article:

“The New York Police Department, for instance, specifies that the commanding officer be notified immediately and that a uniformed officer stay at the scene until a city contractor arrives to repair the door.

Other agencies will be sure to have a contractor on-call for immediate repairs.”

In other words, it happens often enough that they have to have a contractor on call.  If it is happening enough for them to have this kind of policy in place, they don't give a damn about it, since it's not their money. Every one of them should serve jail time. Make it the duty of every single person involved with real personal consequences, and this shit will stop happening.

87 posted on 03/25/2012 7:01:21 PM PDT by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: All

My tagline.


88 posted on 03/25/2012 7:02:10 PM PDT by Molon Labbie (End the War On Drugs, Restore the Constitution.)
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To: zeugma

Until all responsible parties are fired, personally sued, and criminally prosecuted, this won’t stop.


89 posted on 03/25/2012 7:24:41 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Clinging Bitterly

” These raids are AT LEAST 90% drug related I would guess.”

Ask a cop.....these days about 40%.


90 posted on 03/25/2012 7:44:04 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: yefragetuwrabrumuy

That is what I’d expect to happen (not rightfully.. just what I see happening) however, if the home owner even farts to loudly and it’s considered a “shot fired!!!” There won’t be a home owner to charge with anything.

That home owner will have 40+ holes in him and will be at the morgue.


91 posted on 03/25/2012 7:48:49 PM PDT by cableguymn (Good thing I am a conservative. Otherwise I would have to support Mittens like Republicans do.)
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To: Behind Liberal Lines
Practice makes perfect!

Scaring randomly selected serfs into submission or, even better, into a state of medical emergency must occur with regularity in order that order be maintained.

92 posted on 03/25/2012 10:06:45 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: Behind Liberal Lines

It is surprising that the JBT (jackbooted thugs) just didn’t murder the old guy because they raided the wrong place. Hey, someone has to die and anyone will suffice. Guilty or innocent, it’s all the same to the Rochester PD Drug Task force. Our motto: “Off ‘em all.” /s/


93 posted on 03/26/2012 3:06:20 AM PDT by MasterGunner01 (11)
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To: Behind Liberal Lines

Read enough, lots of cowboys with guns. Who issued the warrant and what was the stated probable cause?
Guess I better double check the size of the number on the outside of my house.


94 posted on 03/26/2012 3:58:44 AM PDT by Jimmy Valentine's brother (Near term Obamacare 'Unit")
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To: SuperLuminal

“Scaring randomly selected serfs into submission or, even better, into a state of medical emergency must occur with regularity in order that order be maintained. “

Unfortunately, this increasingly seems to be the case.

Where are the Freeper police officers? Surely this should be an open and shut case for them to condemn.


95 posted on 03/26/2012 7:49:28 AM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: stephenjohnbanker
Ask a cop.....these days about 40%.

"Ask a cop" is not evidence for your claim - it's just the additional claim that a cop would back you up.

And even if your claim is correct, I'll note that the percentage of mistaken-no-knock-raid stories in the press not involving drugs is, by my nonrandom sampling, 0%.

96 posted on 03/26/2012 10:30:41 AM PDT by JustSayNoToNannies (A free society's default policy: it's none of government's business.)
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To: GBA

“In 1955 there was no “War on Drugs(TM)”, and this kind of **** never happened.”

Because in 1955 the cops didn’t need a warrant at all to kick down doors. They just went and did it, probable cause or not.


97 posted on 03/26/2012 10:46:04 AM PDT by MeganC (No way in Hell am I voting for Mitt Romney. Not now, not ever. Deal with it.)
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To: E. Pluribus Unum

Boyz with their toyz paid for with our tax dollars.

It’s time to control our borders; demilitarize the police to protect and defend; limit immigration of ethnic groups such as the Russian mafia and others with a penchant for crime; put more emphasis on violent crime and revise the drug laws; require that no-knock entries be done only where life and limb and endangered; require that police departments and all members be held financially and criminally accountable when they break the laws.


98 posted on 03/26/2012 8:50:58 PM PDT by apoliticalone (Honest govt. that operates in the interest of US sovereignty and the people, not global $$$)
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To: reefdiver

“Since 911 America has become a police state. The citizens are not the enemy.”

9-11 was the excuse that crooked power hungry politicians (both Parties too) have used as an excuse to use the Constitution as toilet paper.


99 posted on 03/26/2012 8:57:11 PM PDT by apoliticalone (Honest govt. that operates in the interest of US sovereignty and the people, not global $$$)
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To: FBD

Rochester police bookmark


100 posted on 03/30/2012 10:12:15 AM PDT by FBD (My carbon footprint is bigger than yours)
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