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Better late than never, I suppose.
1 posted on 11/27/2011 2:17:59 PM PST by Slings and Arrows
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To: Slings and Arrows

Why arrest him in his home? Why not at work, with a couple of detectives and handcuffs?

This is misuse of SWAT.

I have a solution to misuse of SWAT:

Each time it happens, fire the Chief of Police (or County Sheriff, whichever applies) and start over.

See how many times that’s done before they start using SWAT “only when really necessary”.

And BTW, I know it doesn’t apply in this case, but add this to the “misuse clause”: Got the wrong house.

Got the wrong house? — Fire the top man.
Used SWAT when a simple arrest would do? — Fire the top man.
Any other misuse of SWAT? — Fire the top man.


2 posted on 11/27/2011 2:33:22 PM PST by samtheman
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To: Slings and Arrows
The SWAT Team is question was under the command of Clarence “The Clown” Dupnik.
3 posted on 11/27/2011 2:38:23 PM PST by bwc2221
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To: Slings and Arrows

Heads had better roll for this s**t.....but of course they won’t.


4 posted on 11/27/2011 2:46:55 PM PST by RightOnline
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To: Slings and Arrows
Maybe it's just me, but some of the "evidence" seems awfully dubious. He was stopped (a passenger) in a truck and there were commercial-size rolls of plastic wrap in the truck. It "can be" used to wrap marijuana for sale. If I'm not mistaken, it is sold places like Sam's and also "can be" used to cover food!

He "met with" someone who had just dropped off drugs in another location. I don't know about the rest of y'all on FR, but I can't absolutely vouch for every friend, acquaintance, and relative I have. It's possible that if I "meet with" them someplace, they have just left someplace else where they were participating in an illegal activity. If I accept a ride with one of them, I might also be, unknowingly, in the presence of contraband.

I'm betting there is still more to this story than they're telling.

5 posted on 11/27/2011 2:53:50 PM PST by susannah59
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To: Slings and Arrows

Horrible business. And Dupnik is a corrupt liberal idiot, as we saw with the Gabrielle Giffords business. But he comes from a corrupt, liberal city, where he has been repeatedly re-elected for some 35 years.

If this article is accurate, then they found absolutely no evidence at all of drug smuggling in the home. And they have no evidence whatever that Ortiz was involved with marijuana.

His cousin was evidently a user, and POSSIBLY his brother is a smuggler. Or possibly not, given who is making this case. So, why didn’t they go after his brother, if they have information against him?


6 posted on 11/27/2011 3:16:06 PM PST by Cicero (Marcus Tullius)
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To: Slings and Arrows
The whole thing stinks and wreaks of cover up. Too many who knew the man have came forward and said he was likely not involved. That said I want too see Law Enforcement returned to some for of recognizable sanity.

For starters a place at least at minimum a two minute required knock {5 at night} with a loud speaker announcement every 30 seconds after the first minute before forced entry EXCEPT where there is obvious life endangerment inside such as hostages, someone being beat, shot, etc. ALL cops who are not detectives or undercover should wear their departments uniform and I include that uniform should be worn carrying out raids also. Uniform should not be a Black Tee Shirt or Ninja type garb but a traditional recognizable police uniform with badge visible. All cars making routine traffic stops should be marked, have light bar on top, and be driven by a uniformed officer. Civilian Law Enforcement except for Border Patrol needs to be demilitarized. That includes not using military type uniforms in typical duties.

Any officer obtaining a search warrant should also be required to execute it in person. No Exceptions. In event of wanted person officers should make efforts to arrest a suspect away from home. There was no sense in raiding the mans home when they could have served warrant much safer elsewhere. These type of bust in John Wayne tactics need to end NOW except in emergency.

Too any Cops reading this. I support LEO's. I realize they have a difficult and often thankless job. I also have a job and a GOD GIVEN RIGHT which is self and family protection. My home should be considered safe for my family and myself. I should have the right to believe someone knocking down my door is coming too shoot or kill me or family members and I should have a right too respond accordingly too that threat. If I busted down your door a zero dark thirty yelling and screaming like a junkie hyped on PCP you would shoot if you did not recognize me. It was zero dark thirty to the man who was killed BTW. He was a day sleeper.

I have a door in which to knock on, a phone which too call me on {BTW most LEA's have landline numbers too all homes via 911 system data}, and like you I sleep close to immediate protection. Simple changes in allowed search warrant procedures would save many lives including other innocents as well as officers.

If as a LEO you feel it is too dangerous too do your job in the safer for all more traditional up till the last couple of decades manner listed above perhaps you need too change careers. Yes I know some drugs or other evidence may get flushed etc. BIG DEAL!!! and I am not pro-legalization of such BTW. Law enforcement needs to reestablish some creditable distance between property forfeitures {the driving force behind many raids of today} and the money it rakes in for the local government and work too regain public trust.

22 posted on 11/27/2011 4:53:59 PM PST by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: Slings and Arrows

“During this investigation, extremely little evidence, if any, was found to raise even a suspicion that Jose Guerena was involved in any possible drug trafficking ring,” the notice says.

Scileppi said the fact that Guerena had been fired at 71 times and hit 22 times was “grotesque,” and “almost a caricature of an overly excited group of poorly trained law enforcement agents.”

Kastigar sharply disputed that, calling the Pima County SWAT team one of the best of its kind in the nation. “We’re not a bunch of country bumpkins in southern Arizona with big bellies and cowboy hats,” he said.

The shooting was justified, he said, because Guerena pointed his AR-15 at the SWAT officers and said, “I’ve got something for you,” before they opened fire.

The five SWAT team members who shot Guerena believed that he had fired his weapon first, he said. Subsequent investigation revealed that the gun’s safety was on and hadn’t been fired.


They sound pretty incompetent to me — big bellies or not.


24 posted on 11/27/2011 5:06:07 PM PST by smokingfrog ( sleep with one eye open ( <o> ---)
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To: Slings and Arrows
The wife is lying. She knew it was police outside. It was broad daylight. They were in marked vehicles with lights on. They used sirens. The officers were wearing vests with POLICE on them. They announced themselves as police with a warrant. She was shown identification. If she didn't tell her husband there were police outside the shooting is as much her fault as anyone elses. If you point an assault rifle at a SWAT team you are probably going to get shot.

And before any of you chime in with but...but....but:

1)It was a search warrant not an arrest warrant.
2) They had the right house. It was not a wrong address.
3)SWAT had been briefed that Guerena was potentially armed and dangerous.
4) It was not a no-knock warrant. They were in marked, lit, vehicles with siren. All officers had POLICE stenciled on their vests.
5)The affidavit used to get the search warrant suggested an elaborate ongoing criminal enterprise possibly tied to one or more murders.

It's unfortunate an ex-marine had to die this way but all indications are he was a criminal and made very poor choices.

http://www.wsfa.com/story/14901148/swat-shooting-of-guerena-ruled-reasonable-and-justified

http://www.kvoa.com/files/Scanned%20Document0582_000.pdf

http://backwoodshome.com/blogs/MassadAyoob/2011/06/05/

31 posted on 11/27/2011 8:19:23 PM PST by MtBaldy
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To: Slings and Arrows

Oh some person will post it latter.


32 posted on 11/27/2011 11:09:34 PM PST by Domangart
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To: Slings and Arrows
I believe it's time to disband SWAT teams and to outlaw "no-knock" warrants.

In the same spirit as the "innocent until proven guilty" doctrine we depend upon -- even though some guilty people will get away -- I believe it's far better to wait and get the bad guy later, in some other way, than to allow police officers to gun down the people they have sworn to protect EVER AGAIN.

34 posted on 11/27/2011 11:34:53 PM PST by TChris ("Hello", the politician lied.)
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