Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Trash search led to deadly police raid
South FL Sun-Sentinel ^ | June 29, 2008 | Michael Mayo

Posted on 07/08/2008 6:10:24 AM PDT by bamahead

What prompted Pembroke Pines police to conduct a dawn paramilitary raid that ended with the June 12 shooting death of homeowner Vincent Hodgkiss?

In its application for a narcotics search warrant, police cited an anonymous complaint of drug dealing, surveillance of high-turnover visitors and two searches of Hodgkiss' trash by detectives, who found scraps of paper with handwritten numbers and trace amounts of "green, leafy substance" that tested positive for marijuana.

Police conducted the raid with its Special Response Team (similar to SWAT) two days after Broward Circuit Judge Dale Cohen approved the search warrant.

As a result of the investigation, police recovered about an ounce and a half of pot — and a 46-year-old father ended up dead.

Is this what America really wants from its War on Drugs?

The totality of the evidence could add up to a small-time pot dealer. Was an early morning raid with a mini-battalion really the best way to go about serving the warrant?

This wasn't some violent gang that moved into the neighborhood three months ago. Hodgkiss spent 14 years in the house, raising his family there. He had no previous felonies or history of violence. I bet two detectives approaching him when he made a trip to the corner store might have been more effective, and certainly less confrontational.

The attorney for Officer Javier Diaz, who fatally wounded Hodgkiss, said Diaz shot Hodgkiss twice after Hodgkiss pumped his loaded shotgun and carried it into his bathroom. The attorney said Diaz fired in "justified self-defense."

I'm not saying the shooting was unjustified. I'm sure Diaz felt threatened and compelled to shoot. The bigger point: Tragic outcomes like these are inevitable given our nation's drug policies and police procedures.

(Excerpt) Read more at sun-sentinel.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: donutwatch; fourthamendment; jbts; wod; wosd
Navigation: use the links below to view more comments.
first 1-5051-64 next last
This one is a week old. But this is becoming an all too common tale.

http://www.cato.org/raidmap/

1 posted on 07/08/2008 6:10:25 AM PDT by bamahead
[ Post Reply | Private Reply | View Replies]

To: traviskicks

PING


2 posted on 07/08/2008 6:10:45 AM PDT by bamahead (Avoid self-righteousness like the devil- nothing is so self-blinding. -- B.H. Liddell Hart)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Well, at least they didn’t do it based on a tip from another felon and they did find some drugs. Like that was worth killing someone over...

This was totally stupid. If nobody was in danger, and the suspect didn’t have a record of violence, why not serve the warrant with a polite knock on the door and a “We have a warrant, sir, may we come in?”


3 posted on 07/08/2008 6:15:23 AM PDT by Little Ray (I'm a Conservative. But I can vote for John McCain. If I have to. I guess.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Why didn’t they simply knock on the door, then when he answered, show him the warrant and search the house? This is insanity. I hope his family is lawyering up.


4 posted on 07/08/2008 6:16:34 AM PDT by ZX12R
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

“Trace amounts of a green leafy substance”? What’s the problem? Let the bombing begin immediately.

But seriously, for all you LE types, why do we never hear of an officer questioning the no knock paramilitary-type raids? As in, ‘gee Sarge, maybe we should do something different than a night-RAID?’


5 posted on 07/08/2008 6:17:26 AM PDT by subterfuge (BUILD MORE NUCLEAR POWER PLANTS NOW!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Next thing you know they’ll be doing the same thing to cigarette smokers.


6 posted on 07/08/2008 6:17:37 AM PDT by vanishing liberty
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Jack Boot justice...get used to it, because you’ll be seeing more.


7 posted on 07/08/2008 6:18:21 AM PDT by Portcall24
[ Post Reply | Private Reply | To 1 | View Replies]

To: ZX12R
Why didn’t they simply knock on the door, then when he answered, show him the warrant and search the house?

Where's the fun in that? These SWAT guys don't want to wear cool dynamic-entry gear and carry machine guns just to knock on someone's door! They're warriors, fer cryin' out loud!

8 posted on 07/08/2008 6:20:03 AM PDT by Drew68
[ Post Reply | Private Reply | To 4 | View Replies]

To: ZX12R

I agree with you! What ever happened to the days when Officer Joe Friday came to the door and knocked? Now someone is dead over an ounce of pot? What you wanna bet he smoked it for glaucoma? I would not be at all surprised by the amount he had and his age!


9 posted on 07/08/2008 6:20:19 AM PDT by Morgana (Muslims...............I can't believe these people are that crazy without alcohol!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Little Ray

this is my fear...standing at my kitchen counter cutting up meat for dinner, when my door bursts open and a paramilitary dude in black see’s me standing there with a kitchen knife and shoots me dead...justifiable shooting, but was the raid itself justified...if you mapquest my address, it shows the wrong house on the wrong side of the street...if the command officers do not perform their due dilligence it is very easy to kill an innocent person...the command officers need to be held responsible for these murders ( yes, killing someone for a quarter ounce of pot is murder )not the officers defending themselves


10 posted on 07/08/2008 6:21:13 AM PDT by joe fonebone (The Second Amendment is the Constitutions reset button)
[ Post Reply | Private Reply | To 3 | View Replies]

To: bamahead

My libertarian streak comes out on this one. Legalize marjuana. No one should ever be killed over a weed.


11 posted on 07/08/2008 6:21:42 AM PDT by contemplator (Capitalism gets no Rock Concerts)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Little Ray
why not serve the warrant with a polite knock on the door and a “We have a warrant, sir, may we come in?”

Because under that scenario, the hideous, law-breaking perp might flush some pot down his toilet and the cops don't get their collar. How is a career LE officer supposed to get promoted letting that happen? No, he/she must crush their little subject heads, stomp their necks down to the floor, and make them submit like good subjects should. And NONE of the LEs will be held to account, so why shouldn't they do as they please?

12 posted on 07/08/2008 6:22:58 AM PDT by subterfuge (BUILD MORE NUCLEAR POWER PLANTS NOW!!!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: bamahead
But this is becoming an all too common tale.

It is becoming so common that people are no longer outraged by it, like a brutal crime you'll see on the news where you're just glad it happened to someone else. Just another day in America.

13 posted on 07/08/2008 6:23:17 AM PDT by Drew68
[ Post Reply | Private Reply | To 1 | View Replies]

To: contemplator

I wish they would legalize marijuana and make booze illegal! Catching a stoned criminal is easier than catching a drunk one!!!!!


14 posted on 07/08/2008 6:23:42 AM PDT by Morgana (Muslims...............I can't believe these people are that crazy without alcohol!)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Little Ray
why not serve the warrant with a polite knock on the door and a “We have a warrant, sir, may we come in?”

Because the new para military policemen want 'trigger time". And they always seem to be able to justify it by simply saying "I felt my life was threatened", even though many times they unnecessarily put themselves in that situation.

Being gunned down by trigger happy police while defending person and property from unknown intruders is happening all too often to innocent civilians.

15 posted on 07/08/2008 6:24:53 AM PDT by Banjoguy (Nancy Pelosi and the Democrat party are among the enemies of The Republic.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: bamahead

I agree, this was stupid. It reminds me of a few years ago when the local sheriff used the “task force” to raid a local strip joint. The guys on the force got out of their van and wondered what they were doing there as a lot of them frequented the place.


16 posted on 07/08/2008 6:25:27 AM PDT by kickonly88
[ Post Reply | Private Reply | To 1 | View Replies]

To: Little Ray

“why not serve the warrant with a polite knock on the door and a “We have a warrant, sir, may we come in?”

They may have known he was a gun owner, that makes him “armed”. This is how they respond to “armed people” like the woman in NOLA who got tackled for holding a revolver. She was “armed”, and you never hear “armed and docile”, it’s always “armed and dnagerous”, so if they know you have a gun, the response will be overwhelming.


17 posted on 07/08/2008 6:28:24 AM PDT by DBrow
[ Post Reply | Private Reply | To 3 | View Replies]

To: bamahead

I thought no one got in trouble for marijuana anymore?


18 posted on 07/08/2008 6:30:11 AM PDT by stuartcr (Election year.....Who we gonna hate, in '08?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

I’m co-opting my own signature tagline, which I’ve reserved (until now) for pitbull attacks:

“I’ve been told, repeatedly, that attacks like this are rare.”

Another victim of the insane and unproductive WO(S)D.


19 posted on 07/08/2008 6:31:02 AM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 1 | View Replies]

To: Little Ray

That’s pretty much what happened in my town, and a policeman ended up dead, and a kid going to prison.


20 posted on 07/08/2008 6:31:38 AM PDT by stuartcr (Election year.....Who we gonna hate, in '08?)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Drew68
These SWAT guys don't want to wear cool dynamic-entry gear and carry machine guns just to knock on someone's door! They're warriors, fer cryin' out loud!

I think Sheriff Andy needs to take Barney's bullet away from him.

We got a 92 year old lady shot down in these parts by a Swat team. There was so much gunfire from the SWATs that they succeeded in wounding some of their own.

21 posted on 07/08/2008 6:35:30 AM PDT by Ole Okie (Who are you going to believe anyway, Gore or your lyin' eyes?)
[ Post Reply | Private Reply | To 8 | View Replies]

To: bamahead

As I read it, Capone’s employees were all dressed up as cops for the St. Valentine’s day massacre. Moran’s people would have had no way to distinguish them from cops doing a “no-knock” raid.


22 posted on 07/08/2008 6:38:31 AM PDT by wendy1946
[ Post Reply | Private Reply | To 1 | View Replies]

To: stuartcr

I am saddened to hear that.
The kid shouldn’t be going to prison - he should be going to an appointment with ol’ Sparky.

Still that is the way a warrant should be served unless circumstances (lives in danger, violent offender) dictate otherwise.


23 posted on 07/08/2008 6:42:23 AM PDT by Little Ray (I'm a Conservative. But I can vote for John McCain. If I have to. I guess.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Little Ray

Do you know any of the details of the situation I’m talking about?


24 posted on 07/08/2008 6:44:00 AM PDT by stuartcr (Election year.....Who we gonna hate, in '08?)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Ole Okie

On the plus side, the little ol’ lady did send a few round back at the cops before they killed her.

And the cops in question ARE going to jail. Mostly ‘cause they didn’t find any drugs..., but they are going to jail.


25 posted on 07/08/2008 6:44:35 AM PDT by Little Ray (I'm a Conservative. But I can vote for John McCain. If I have to. I guess.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: stuartcr

No. I don’t get the news from Virginia. From your response, I was assuming the cop served the warrant in a less threatening fashion and the kid shot him. If that is not the case, I apologize.


26 posted on 07/08/2008 7:01:48 AM PDT by Little Ray (I'm a Conservative. But I can vote for John McCain. If I have to. I guess.)
[ Post Reply | Private Reply | To 24 | View Replies]

To: Little Ray
“We have a warrant, sir, may we come in?”

The suspect DID have a shotgun.

How were the police to know that the response to their polite query would NOT have been a 12 gauge round exploding through the front door? A reasonable question.

27 posted on 07/08/2008 7:07:38 AM PDT by Bloody Sam Roberts (Conservatives say, 'Seeing is believing.' - - - Liberals say, 'Believing is seeing'.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Little Ray

why not serve the warrant with a polite knock on the door and a “We have a warrant, sir, may we come in?”

A few years ago, our town did a mass bust on valentines day. The undercover cop showed up at the door carrying a bouquet of flowers, knocked and said “FTD flower delivery for [insert perp’s name].

They got everyone quite peacefully. The perps were actually eager to identify themselves and sign for their flowers. No guns were drawn and nobody got shot.


28 posted on 07/08/2008 7:08:05 AM PDT by FreeInWV
[ Post Reply | Private Reply | To 3 | View Replies]

To: bamahead
"As a result of the investigation, police recovered about an ounce and a half of pot — and a 46-year-old father ended up dead. Is this what America really wants from its War on Drugs?"

I dont know, is it really what the 46 year old Father wanted?

Then why was he engaged in criminal activity.

"Authority does not bare the sword in vain".

All stupid people; wake up.

29 posted on 07/08/2008 7:10:14 AM PDT by VaBthang4 ("He Who Watches Over Israel Will Neither Slumber Nor Sleep")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Little Ray

Somone had called in a report that this kid was growing and selling pot at his house. It was a 2or3 AM raid. The kid was in bed sleeping with his tv on, his dog started barking, his door was kicked in and a guy with a gun was framed in his doorway with bright lights shining in. He shot twice, blindly, and ended up killing a LEO that was outside in the yard. There was less than an ounce of pot, no plants. He had been broken into and threatened a number of times before this by local gangs.


30 posted on 07/08/2008 7:10:41 AM PDT by stuartcr (Election year.....Who we gonna hate, in '08?)
[ Post Reply | Private Reply | To 26 | View Replies]

To: kickonly88
The guys on the force got out of their van and wondered what they were doing there as a lot of them frequented the place.

Maybe they thought they were going to a bachelor party.

31 posted on 07/08/2008 7:10:58 AM PDT by Fido969 ("The hardest thing in the world to understand is income tax." - Albert Einstein)
[ Post Reply | Private Reply | To 16 | View Replies]

To: VaBthang4

Is everything that is illegal a criminal activity?


32 posted on 07/08/2008 7:12:22 AM PDT by stuartcr (Election year.....Who we gonna hate, in '08?)
[ Post Reply | Private Reply | To 29 | View Replies]

To: SJSAMPLE
“I’ve been told, repeatedly, that attacks like this are rare.”

Not at all rare. See the link in post # 1.
33 posted on 07/08/2008 7:12:33 AM PDT by bamahead (Avoid self-righteousness like the devil- nothing is so self-blinding. -- B.H. Liddell Hart)
[ Post Reply | Private Reply | To 19 | View Replies]

To: bamahead

Read it again.
S L O W L Y


34 posted on 07/08/2008 7:13:58 AM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 33 | View Replies]

To: bamahead

the irony is that these jackboots are addicted to adrenaline.


35 posted on 07/08/2008 7:19:39 AM PDT by Paytriot (who, me?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SJSAMPLE

Sorry!

This was my daily DUH moment prior to coffee!

Feel proud to have been a part of it :)


36 posted on 07/08/2008 7:33:25 AM PDT by bamahead (Avoid self-righteousness like the devil- nothing is so self-blinding. -- B.H. Liddell Hart)
[ Post Reply | Private Reply | To 34 | View Replies]

To: bamahead

No problem ;)

And, thanks for the CATO link.
I’ve been contriuting to CATO for years and even have several copies of their pocket Consitution.

I lost the link you posted and now I’ve got it again.
Thx.


37 posted on 07/08/2008 7:35:28 AM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 36 | View Replies]

To: subterfuge
... why do we never hear of an officer questioning the no knock paramilitary-type raids?

A-a-a-w-w-w, man! Followin' a battering ram through a flattened door at 2:30am is past cool. With enough adrenalin, you don't need no steenkin' MJ.

38 posted on 07/08/2008 7:36:39 AM PDT by RobinOfKingston (Man, that's stupid ... even by congressional standards.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: RobinOfKingston

You don’t get M4 carbines,MP-5 SMGs and flash-bangs unless you actually plan to use them.


39 posted on 07/08/2008 7:46:50 AM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 38 | View Replies]

To: bamahead
Photobucket

40 posted on 07/08/2008 7:51:29 AM PDT by Islander7 ("Show me an honest politician and I will show you a case of mistaken identity.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Did they shoot the dog? Raid’s not complete until they shoot the dog. Raiding a couple neighbor’s houses by mistake before the real raid is also SOP.


41 posted on 07/08/2008 7:53:53 AM PDT by mysterio
[ Post Reply | Private Reply | To 1 | View Replies]

To: stuartcr
Somone had called in a report that this kid was growing and selling pot at his house. It was a 2or3 AM raid. The kid was in bed sleeping with his tv on, his dog started barking, his door was kicked in and a guy with a gun was framed in his doorway with bright lights shining in. He shot twice, blindly, and ended up killing a LEO that was outside in the yard. There was less than an ounce of pot, no plants. He had been broken into and threatened a number of times before this by local gangs.

You forgot to mention that the cop was working undercover and dressed as a homeless derelict/meth-head complete with long hair and a scraggly beard.

42 posted on 07/08/2008 8:02:43 AM PDT by Drew68
[ Post Reply | Private Reply | To 30 | View Replies]

To: Fido969

Yeah, maybe. I think the sheriff got antsy because the detectives he sent in there kept saying they didn’t see any suspicious activity and they would have to go back.


43 posted on 07/08/2008 8:06:08 AM PDT by kickonly88
[ Post Reply | Private Reply | To 31 | View Replies]

To: Bloody Sam Roberts

If he has no prior violent offenses, or is not being arrested for a violent offense, they have to give him the benefit of the doubt. He’s still legally innocent, until after the trial, ya know.

“Dynamic entry” should be for a situation where life is immediately danger or for a known violent offender.


44 posted on 07/08/2008 8:15:30 AM PDT by Little Ray (I'm a Conservative. But I can vote for John McCain. If I have to. I guess.)
[ Post Reply | Private Reply | To 27 | View Replies]

To: stuartcr
I thought no one got in trouble for marijuana anymore?

That brings up another issue, drug laws are not uniform, nor are they uniformly carried out. Some people receive a possession ticket, or politely jailed and released for trial and others get a SWAT raid. Same substance, sometimes even same amount, etc. It boggles my mind the way different cases are handled in different jurisdictions and sometimes even within the same jurisdiction.

In defense of LEO using SWAT type raids I have to say this came about when drug dealers started being willing to shoot it out with police rather than go peacefully. It was the violent responses by drug dealers that led to the SWAT type raids to begin with. In many places it would be suicide for a LEO to approach a drug dealer's house and simply knock to serve a warrant or even question the person about their activities. After LEO were shot at enough times, they came up with a way to approach drug dealers that provided them with more safety. Now it is the drug dealers or innocent civilians (in the case of mistakes) that have to worry about their safety. I honestly don't know what the answer would be to this problem.

Legalizing marijuana would solve some of the short-term problems, but marijuana is by far not the only illegal drug-are we willing to legalize all drugs? Often even in marijuana cases there are other drugs found. I know of a case where a woman had a joint of MJ in her purse, no big deal right? Well upon further inspection by LEO there was also more than 400 grams of cocaine concealed in the vehicle. None of this is a simple as it seems, so there really are no easy answers.

45 posted on 07/08/2008 8:17:03 AM PDT by Tammy8 (Please Support and pray for our Troops, as they serve us every day.)
[ Post Reply | Private Reply | To 18 | View Replies]

To: stuartcr
If the kid didn't have a record of violence, they should have served the warrant politely. Would have saved lots of trouble.
To revise my previous ill-informed statement, the kid should have gotten off. The cop didn't prove his authority, and the kid acted in self-defense against a dangerous intruder. The cop was clearly wrong.
That would have been my interpretation if I was on jury, anyway.
46 posted on 07/08/2008 8:19:05 AM PDT by Little Ray (I'm a Conservative. But I can vote for John McCain. If I have to. I guess.)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Drew68

Nope, he had on personal armor, but it was a fluke shot by a .380


47 posted on 07/08/2008 8:26:29 AM PDT by stuartcr (Election year.....Who we gonna hate, in '08?)
[ Post Reply | Private Reply | To 42 | View Replies]

To: Little Ray

It’s still in court.


48 posted on 07/08/2008 8:28:09 AM PDT by stuartcr (Election year.....Who we gonna hate, in '08?)
[ Post Reply | Private Reply | To 46 | View Replies]

To: bamahead; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ...


Libertarian ping! To be added or removed freepmail me or post a message here.
49 posted on 07/08/2008 8:46:57 AM PDT by traviskicks (http://www.neoperspectives.com/Ron_Paul_2008.htm)
[ Post Reply | Private Reply | To 2 | View Replies]

To: bamahead

An ounce-and-a-half is *not* a dealer.

Long past time to end the no-knock in the WOD.


50 posted on 07/08/2008 8:56:55 AM PDT by FreedomPoster (<===Non-bitter, Gun-totin', Typical White American)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-64 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson