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Suit alleging MPD executed search warrant at wrong home (Maui, HI)
The Maui News ^ | January 14, 2012 | ILIMA LOOMIS

Posted on 01/15/2012 7:19:28 PM PST by bamahead

A Kihei couple is suing the Maui Police Department in federal court after officers allegedly raided their home while executing a search warrant on the wrong address last year.

April and Norman Freeland allege that police forced them outside and searched their home for nearly half an hour, even after they knew they were at the wrong location. Attorney Sam MacRoberts of the Law Office of Philip Lowenthal said the couple still has never seen a warrant for the search.

--SNIP--

The Freelands' lawsuit naming Maui County, Maui Police Chief Gary Yabuta and Maui Police officer Jerald Perkett was filed Oct. 14 in U.S. District Court in Honolulu. The suit alleges police violated the Freelands' constitutional rights and asks for $250,000 in damages and $1 million in punitive damages. Trial has been set for January 2013.

--SNIP--

According to the Freelands' complaint, they were at home hosting a dinner for three guests on April 15 when they heard a loud noise from their front lanai at around 9 p.m.

When the Freelands approached the door to their lanai they found armed men who did not identify themselves but were later identified as Maui Police officers, according to the complaint.

"When Norman Freeland touched the door, the men rushed into the Freelands' home without permission," the complaint alleges, adding that the officers did not "knock and announce" their presence as required by state law.

The officers "screamed and yelled" as they entered the home, grabbed Norman Freeland by the wrist and forced him and his wife outside, where they were held by a man carrying a "combat-type weapon," according to the complaint.

The men told the Freelands that they had a warrant but did not show it to them, according to the complaint.

(Excerpt) Read more at mauinews.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Hawaii
KEYWORDS: 4thamendment; donutwatch; isolatedincident; jbt; lping
Apparently paridise is also not immune to these 'isolated incidents'...
1 posted on 01/15/2012 7:19:39 PM PST by bamahead
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To: Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; amchugh; ...
April and Norman Freeland allege that police forced them outside and searched their home for nearly half an hour, even after they knew they were at the wrong location.



Libertarian ping! Click here to get added or here to be removed or post a message here!

2 posted on 01/15/2012 7:22:52 PM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: The KG9 Kid

“Sorry, citizen” ping.


3 posted on 01/15/2012 7:24:11 PM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: bamahead

Heck, what are they worried about if they have nothing to hide like a Ron Paul sticker or other contriband such as a banned copy of the Constitution.


4 posted on 01/15/2012 7:25:19 PM PST by Captain7seas (FIRE JANE LUBCHENCO FROM NOAA)
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To: bamahead

Apparently the TSA has decided to start operating outside of airports....


5 posted on 01/15/2012 7:32:18 PM PST by freebilly
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To: bamahead

Lookin’ for a little Maui wowie.


6 posted on 01/15/2012 7:37:50 PM PST by YHAOS (you betcha!)
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To: bamahead

Always double-check the address on the warrant against the address on the house before busting down the door and shooting the dog.


7 posted on 01/15/2012 7:41:54 PM PST by gitmo (Hatred of those who think differently is the left's unifying principle.-Ralph Peters NY Post)
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To: bamahead
Searched even after they knew they screwed up the address.....

Well hey, ya never know what sort of good stuff you might uncover, you know how deceitful these stupid citizens are........it was for their own good.

8 posted on 01/15/2012 7:58:50 PM PST by doorgunner69
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To: bamahead
Lutey said the Freelands' might have incorrectly interpreted the entry team's sweep of the house as a search.

"Obviously, they were confused over what was going on at their house, but no search was ever done," she said.

Do I detect legal weasel words?

9 posted on 01/15/2012 7:59:43 PM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: bamahead

“searched their home for nearly half an hour, even after they knew they were at the wrong location.”

My bet is “looking” for “evidence” they could use as leverage against this suit...


10 posted on 01/15/2012 8:06:03 PM PST by piytar (The Obama Depression. Say it early, say it often. Why? Because it's TRUE.)
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To: piytar

Inadmissible...


11 posted on 01/15/2012 8:13:21 PM PST by NCDave (AKA, "That idiot over there")
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To: bamahead

These good folks should be happy they were not shot dead by these jack booted thugs in uniforms.


12 posted on 01/15/2012 8:26:19 PM PST by FormerACLUmember
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To: bamahead

If they would have shown the paper to the people so they could see the names and the address, this wouldn’t have happened. It is amazing that several law enforcement people have no clue if they are going into the correct house or not.

I also like how they went through the house looking for people but it wasn’t a search.

I wonder what would have happened if they had run into a vicious Peekapoo? BLAM!, Mitzy. You daid for interfering with official police bidness.

I imagine they broke a few things just to show them who’s boss and just in case they didn’t find anything or anyone, they can at least have had some fun.


13 posted on 01/15/2012 8:35:42 PM PST by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: bamahead
this wouldn’t have happened

I'm going to disagree with myself. It still might have happened. In fact the odds are pretty good. These guys do NOT like to be proven wrong.

14 posted on 01/15/2012 8:37:42 PM PST by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: bamahead

Missing from this discussion, in this age of the internet, is the fact that the police can get a “Google” image of the street, cars on it, house addresses, and full maps of the area before going in with a search warrant.

The question to be asked is why wasn’t this done, since they raided the wrong house? Did any supervisor check the address on the warrant (while outside the house), with the address on the gate/house? Apparently not. This is negligent behavior.

How do you spell “law suit”?


15 posted on 01/15/2012 8:47:28 PM PST by MadMax, the Grinning Reaper
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To: bamahead

16 posted on 01/15/2012 8:54:39 PM PST by Bratch
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To: piytar
“searched their home for nearly half an hour, even after they knew they were at the wrong location.” My bet is “looking” for “evidence” they could use as leverage against this suit...

Bingo.

17 posted on 01/15/2012 9:43:12 PM PST by Talisker (Apology accepted, Captain Needa.)
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To: doorgunner69

“Obviously, they were confused over what was going on at their house, but no search was ever done...]

What?

So, they entered the home, removed the occupants, conduct a sweep of every room to ensure no threatening individuals are present -— by their own admission, but then state they did not conduct a search?

Being an American citizen is becoming very cumbersome as of late.


18 posted on 01/15/2012 10:36:43 PM PST by Bshaw (A nefarious deceit is upon us all!)
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To: Captain7seas

Maybe they were looking for that danged birth certificate?


19 posted on 01/15/2012 10:43:43 PM PST by kiltie65
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To: bamahead

I’ve always been against all of the lawsuits we see out there. Everybody suing everybody. Now, it’s crap like this that is making me rethink about how I feel about them. A moron who is not smart enough to find the correct address has no business serving a search warrant.


20 posted on 01/16/2012 12:33:27 AM PST by FlingWingFlyer ("Climate Change" my a.... All weather is local.)
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To: FlingWingFlyer

What is more, if the intended site of the raid is nearby, the people there have a heads up to vamoose or make damaging evidence disappear when a convocation of cops suddenly appears down the street.

Some drug addled informant likely swore up and down this was the spot, while naming an address elsewhere on the street. There will probably be an official statement that “this informant will no longer be used” but beyond that, a stone wall.


21 posted on 01/16/2012 1:47:32 AM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: NCDave

Even if the raid was an “honest mistake” and the evidence was in plain sight?


22 posted on 01/16/2012 3:59:07 AM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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To: R. Scott

I think so. They had no probable cause at all to enter that house. They could probably seize evidence, but not use it.


23 posted on 01/16/2012 4:11:43 AM PST by ltc8k6
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To: bamahead

“The men told the Freelands that they had a warrant but did not show it to them, according to the complaint.”

Apparently those police officers consider this little amendment to be outdated:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”


24 posted on 01/16/2012 6:35:21 AM PST by Altariel ("Curse your sudden but inevitable betrayal!")
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To: SmithL; Eyes Unclouded; Rodney King; Redcitizen; ellery; dcwusmc; Forgotten Amendments; ...
"Whoops... Sorry, citizen. We thought you were someone else" PING

Click the link to be added to the "Whoops. Sorry, citizen. We thought you were someone else" PING list.

25 posted on 01/16/2012 9:40:06 AM PST by The KG9 Kid
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26 posted on 01/16/2012 10:06:17 AM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: R. Scott

yes, they had no right to be there at all. All “evidence” would be tied to the fact that they had no warrant for that address.


27 posted on 01/16/2012 5:44:31 PM PST by NCDave (AKA, "That idiot over there")
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To: bamahead

As long as innocent taxpayers are being sued and held responsible for the abuse of police, instead of those who actually carry it out, it will not end. The police unions are the parties that need sued just as they threatened to sue the OWS protestors. If it is good for the gander it should be good for the geese. I hate civil lawsuits because the attorneys always win, but the lack of any aggressive and serious criminal prosecution against lawless law enforcement leaves no other choice.

http://www.theatlanticwire.com/national/2011/10/new-york-police-union-threatens-sue-occupy-wall-street-protesters/44215/


28 posted on 01/17/2012 11:23:28 AM PST by apoliticalone (Honest govt. that operates in the interest of US sovereignty and the people, not global $$$)
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To: doorgunner69

Proper protocol would have been for the Police, upon realizing they were at the wrong house, to have planted some combination of narcotics, stolen firearms and child pornography, and then claim to have seen them in plain view from the front door while escorting Girls Scouts on their cookie delivery route.


29 posted on 01/17/2012 11:29:24 AM PST by Mr. Lucky
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