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Colorado Woman Sues ATF for Entering Home without a Warrant, Pointing Guns at 8 Year Old
WND ^ | 6 June, 2012 | Jack Minor

Posted on 06/07/2012 4:57:15 AM PDT by marktwain

GREELEY, Colo. – A Colorado woman has filed a lawsuit after agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the ATF, entered her home without a warrant and threatened her and her 8-year old-son while looking for a previous tenant who had left the address more than a year earlier.

According to the filing from Linda Griego, it was on June 15, 2010, when officers with the ATF – as part of the Regional Anti-Gang Enforcement Task Force – violently entered her home without a warrant, handcuffed and pointed guns at her and her son, Colby Frias.

“They had multiple machine pistols pointed at my son. I could see the laser sights on his body and he began to freak out. While I was cuffed I had to calm him down while the officers broke down his bedroom door,” she said.

Her legal action is against the Greeley Police Department and the ATF for illegally entering the home without a warrant.

David Lane, Griego’s attorney, told WND that to this day the agency still has not produced a warrant authorizing it to enter her home. He said Frias continues to suffer nightmares about the events of that day.

A couple of months ago, Frias had a friend over to the house, and the family had ordered pizza. When it arrived, the delivery driver gave a loud knock on the door.

“It scared my son so bad he jumped over the couch to hide. This was two years later, and it still bothered him,” Griego said.

In the months following the incident, Frias was so scared he had to sleep with his mother.

“Here he is an 8-year-old boy, and he is sleeping with mom again,” she said.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Colorado
KEYWORDS: atf; banglist; co; colorado; cw2; donutwatch; drugs; drugwar; feedthehogs; henrybowman; lindagriego; suit; timetofeedthehogs; warondrugs; wod; wodlist; wosd
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At least they did not shoot anyone.
1 posted on 06/07/2012 4:57:24 AM PDT by marktwain
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To: marktwain

good. I hope she wins


2 posted on 06/07/2012 4:57:59 AM PDT by yldstrk ( My heroes have always been cowboys)
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To: marktwain

Good thing they didn’t have a dog.

I hope she owns these Jack Booted thugs.


3 posted on 06/07/2012 4:59:15 AM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: marktwain

It’s a shame she didn’t live on IN where she could have legally shot them.


4 posted on 06/07/2012 4:59:34 AM PDT by DCBryan1 (In the post-Zimmerman world, it may become prudent to carry a drop weapon if you CCW.)
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To: marktwain



5 posted on 06/07/2012 4:59:50 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: marktwain

Their lives would have been forfeit in my house.


6 posted on 06/07/2012 5:00:36 AM PDT by Crazieman (Are you naive enough to think VOTING will fix this entrenched system?)
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To: DCBryan1

If she had made a twitch, the home invaders would have turned her and her son into swiss cheese.

Indiana law or not.


7 posted on 06/07/2012 5:00:57 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: marktwain

These things have been going on for decades, tried, true, and vetted by the courts under the umbrella of the Drug War. Welcome to the party.


8 posted on 06/07/2012 5:02:50 AM PDT by Wolfie
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To: yldstrk

What I want to see is not the “department” sued,
I want to see the INDIVIDUAL OFFICERS sued.

That will put a stop to this crap good and fast.


9 posted on 06/07/2012 5:07:28 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: marktwain

I’m glad that poor kid didn’t have a dog. He would had to have watched as they filled it full of holes.

Can you imagine pointing a gun at an 8-year-old? What a bunch of punks.

That agency has GOT to be banned.


10 posted on 06/07/2012 5:08:44 AM PDT by LibWhacker
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To: DCBryan1
"It’s a shame she didn’t live on IN where she could have legally shot them."

From the article, it sounds like the Indiana Supreme Court has overturned that right and citizens have no right to resist an unlawful entry by law enforcement. Serfdom is here.

11 posted on 06/07/2012 5:09:10 AM PDT by Truth29
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To: DCBryan1
It’s a shame she didn’t live on IN where she could have legally shot them.

Hey, Rambo, do you really want a solitary woman with an 8-year old son to start firing on a group of SWAT invaders (I couldn't find out how many, but front + back doors, means 5-6 at least).

Not to mention this little tidbit: Last year, the Indiana Supreme Court ruled that “there is no right to reasonably resist unlawful entry by police officers.”

Tell me again what you would have your wife or mother do ?

12 posted on 06/07/2012 5:17:46 AM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: LibWhacker
Can you imagine pointing a gun at an 8-year-old? What a bunch of punks.

I can visualize what it would look like with a six-year-old. There comes a time when government agents should say, "No, that's outside the scope of what government should be doing." We are so far past that time in so many ways that I worry about what our next few years will look like. I hope that at least most of our military, our FBI, and our police will be on the side of our citizens if a showdown comes.

13 posted on 06/07/2012 5:23:08 AM PDT by Pollster1 (A boy becomes a man when a man is needed - John Steinbeck)
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To: Pollster1
And don't forget the assault at Waco.

..couldn't wait 'em out, so they burned them down! ... men, women & children.

14 posted on 06/07/2012 5:35:23 AM PDT by TexasCajun
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To: marktwain
...looking for a previous tenant who had left the address more than a year earlier.

Intelligence has more than one meaning, these gestapo gorillas seem to have none of ANY kind.

The lady is lucky she wasn't murdered while her son was forced to watch.
15 posted on 06/07/2012 5:38:58 AM PDT by Dr.Zoidberg (With (R)epublicans like these, who needs (D)emocrats?)
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To: MrB

yep


16 posted on 06/07/2012 5:40:41 AM PDT by yldstrk ( My heroes have always been cowboys)
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To: marktwain

Why isn’t someone at ATF being charged with child endangerment? This was neglegence leading to a life endangering situation. A badge changes nothing, save the political decision of corrupt prosecutors.


17 posted on 06/07/2012 5:45:46 AM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers.")
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To: All

Two sides to every story, and we are only hearing the carefully crafted side that this woman’s attorney is allowing her to say; one that is crafted to illicit an emotional response that benefits the attorney.

That being said, this is a DRUG gang task force. So, she is the victim of a failed war on drugs, which continues to trample all over the Constitution.


18 posted on 06/07/2012 5:46:44 AM PDT by Molon Labbie (Prep. Now. Live Healthy, take your Shooting Iron daily.)
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To: Dr.Zoidberg

Pointing a gun at a child is a crime: child endangerment.


19 posted on 06/07/2012 5:48:35 AM PDT by Loud Mime (Defeat Obama. Everything else is secondary)
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To: Crazieman

Actually, the tactical assault teams are extremely fast and lethal...

We can all beat our chests and state we’d take’em out however the most predictable outcome is you would die with your gun in your hand....no deference to you, even the best amoung us who suffer the same fate....

They pick the best time and place for the confrontations, the deck is heavily wieghted in their favor.....

The key here is political pressure to ensure these type of tactical assaults are extremely limited and subject to judicial oversight.

These tactical assaults are necessary to cull the most dangerous amoung us and ensure that our police officers can go home to their families at night. These practices should be extremely limited. Unfortunately, recently and way to often, are used routinely to occasional tragic result....


20 posted on 06/07/2012 5:55:59 AM PDT by nevergore ("It could be that the purpose of my life is simply to serve as a warning to others.")
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To: TexasCajun

Oh Waco was worse then just burning men, women and children to death.

They shot people who were trying to escape the fire. The fire the ATF knew was the likely outcome of their assault.

The ATF also pumped in CS tear gas in massive amounts. The tear gas alone killed some of the children. Other children were broke in half by their own muscles due to the phasogene released from the burning CS tear gas. Their back muscles spasmed so tightly they bent the children backwards, breaking their back and killing them.

The people who caused this were proclaimed heros.


21 posted on 06/07/2012 6:09:42 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Truth29
The legal right to shoot anybody breaking into your home exists everywhere and is the oldest idea of Anglo-Saxon common law. No jury in America would ever convict anybody for it.

This actually happened once in Western Md. a few years after the drug war got started and "no-knock" raids were just getting started, several dead fibbies and state cops, and a jury took less than half an hour to find the defendant innocent on all charges and, near as I can tell, that had the effect of shutting down no-knock raids for some time afterwards. That was well before the internet age however and I've not been able to find any reference to the story on the net in recent years.

22 posted on 06/07/2012 6:10:59 AM PDT by varmintman
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To: marktwain

I guess they are slowly improving, no kittens were stomped to death, the house was not burned down.

But I bet that if she pushes her case “Something” will be found to justify an arrest, and threat of taking her kid.

ATF intimidation is not just for the moment, it’s their SOP.


23 posted on 06/07/2012 6:21:12 AM PDT by Loyal Sedition
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To: driftdiver

Don’t forget Eric Holder was #2 at Justice, dictating orders from Janet Reno & Bill Clinton.


24 posted on 06/07/2012 6:25:05 AM PDT by TexasCajun
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To: Molon Labbie

“Two sides to every story, and we are only hearing the carefully crafted side that this woman’s attorney is allowing her to say; one that is crafted to illicit an emotional response that benefits the attorney.”

Sure, that means you think she did something wrong that led to a warrantless no-knock raid.


25 posted on 06/07/2012 6:26:30 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: marktwain

It would be good to see some of the Nazi thugs lose their jobs without pay. Let them work in the real world for awhile.


26 posted on 06/07/2012 6:37:08 AM PDT by pallis
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To: marktwain

“They had multiple machine pistols”

Where do I find one of these???


27 posted on 06/07/2012 6:37:25 AM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: varmintman; All

There was a case in Minneapolis a decade or so back where an immigrant (Hmong) family was invaded in a wrong address scenario. The father fought back with a shotgun, and the SWAT team backed off. No one died or was wounded, and the family ended up with a substantial six figure settlement.

http://www.foxnews.com/story/0,2933,317398,00.html


28 posted on 06/07/2012 6:38:57 AM PDT by marktwain
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To: driftdiver; Molon Labbie
Of course she did something wrong, since we have so many laws that everyone commits a felony by lunchtime, on average. The relevant question is did she do what was stated by the LE officers as the basis for their warrant, which of course she did not, since the warrant wasn't even in her name.
29 posted on 06/07/2012 6:53:51 AM PDT by Boogieman
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To: nevergore
nevergore said: "They pick the best time and place for the confrontations,..."

I don't think that you can reasonably claim this, as well as recognize that their actual suspect wasn't in the home and hadn't been for a year. There is something definitely defective in their process. I think it is that they simply don't care who gets hurt. This will eventually backfire badly for them, I think.

30 posted on 06/07/2012 7:03:20 AM PDT by William Tell
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To: marktwain

bookmark


31 posted on 06/07/2012 7:10:37 AM PDT by squarebarb
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To: Pollster1
Well, I wouldn't count on the support of unionized Fed LE.

And I've interacted with quite a number of young OEF/OIF combat vets, particularly Marines, who seriously think the biggest threat to freedom in America is "right-wing religious nuts."

32 posted on 06/07/2012 7:12:26 AM PDT by Trailerpark Badass
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To: William Tell

I wasn’t referring to the target aquisition process just simply the tactical enrty plan as executed by the on-site personnel......

Regardless of the flawed intelligence gathering prior to the onsite targeting, the tactical entry would be fast agressive and potentially lethal to anyone or thing within the home....

My post was in response to the stereotypical “beat of the chest” post we always see...

Re-read my post in that context and you will see that I was spot on with my assessment....


33 posted on 06/07/2012 7:13:52 AM PDT by nevergore ("It could be that the purpose of my life is simply to serve as a warning to others.")
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To: marktwain
Hang the jackbooted thugs!

The ATF should have been disbanded after Waco...

34 posted on 06/07/2012 7:14:22 AM PDT by TXnMA ("Allah": Satan's current alias...)
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To: nevergore
They pick the best time and place for the confrontations,

Time for us to change that.

35 posted on 06/07/2012 7:18:02 AM PDT by Lazamataz (People who resort to Godwin's Law are just like Hitler.)
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To: Izzy Dunne

The Rambo’s that day were the ones entering the house illegally. No apologies, just I hope you have a better day than up to this point. Talk about arrogance, abuse of power and utter contempt for the citizenry.

If you know an order is illegal, immoral and unconstitutional do you obey it? If your answer is I just followed my orders then I ask where have we heard that before?


36 posted on 06/07/2012 7:20:02 AM PDT by sarge83
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To: Molon Labbie

I too would like to hear the officer/agents side but from the article they come off as pure goons.


37 posted on 06/07/2012 7:22:11 AM PDT by sarge83
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To: marktwain
Colorado Woman Sues ATF for Entering Home without a Warrant, Pointing Guns at 8 Year Old

It should have been a "feed Dale Price's hogs" moment (from the novel "Unintended Consequences"). Every one of those ATF agents should have gone home in a body bag. Only when that happens will this jackbooted crap begin to wane.

38 posted on 06/07/2012 7:23:03 AM PDT by backwoods-engineer (I will vote against ANY presidential candidate who had non-citizen parents.)
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To: driftdiver

What everyone is assuming is that it was a SEARCH warrant when it almost certainly an ARREST warrant for the lady she said no longer lived there. That little tidbit is left out by the attorney, intentionally.

Since the homeowner was not the person the warrant was for, no, she would not get a copy of the warrant. So, thus without further information it would seem to be “warrantless.”

Courts make a serious effort to serve warrants at the last known address.

Again, the story does not give the other side of the story with important details such as whether any surveillance was done on the address that would support the courts decision to serve said warrant there. Or the veracity of the person giving the statement to the press.

DD, the woman admits that the police knocked. So much for the no-knock raid argument.


39 posted on 06/07/2012 7:30:08 AM PDT by Molon Labbie (Prep. Now. Live Healthy, take your Shooting Iron daily.)
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To: Wolfie
ATF ~ hmm, beer is a drug once again? Perhaps they were after some cheap cigarettes? Or, they were puffing their MJ by "firing it" in a pressure cooker (so you get neat little puff balls)?

Different agency ~ same idiots.

40 posted on 06/07/2012 7:30:51 AM PDT by muawiyah
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To: Izzy Dunne
That was last year, and it was the Indiana Supreme Court. The decision was written by the former chief counsel to the AlQaida POWs at Gitmo ~ he apparently went over to Sharia law.

The state legislature has subsequently acted to ADJUST THINGS. I think we have a couple of threads on it. Might go look for them and see what the outcome was.

They still didn't take down the judges who screwed up the decision.

41 posted on 06/07/2012 7:31:11 AM PDT by muawiyah
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To: marktwain
She said another concern is that because of the incident, Frias is now afraid of police officers.

That is the desired outcome, fear on the part of the populace, fear of the agents of the State.

42 posted on 06/07/2012 7:38:48 AM PDT by arthurus (tHAT IS THE GOAL OF THE law)
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To: Molon Labbie

Yes they knock with the battering ram. But hey the cops got to play with their toys, automatic weapons and laser sights. So although they didnt get to shoot a dog it turned out fairly well.


43 posted on 06/07/2012 7:56:51 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: backwoods-engineer

There you go again.
Reading my mind.

Excellent book.


44 posted on 06/07/2012 7:57:35 AM PDT by RandallFlagg (Look for the union label, then buy elsewhere.)
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To: sarge83
If you know an order is illegal, immoral and unconstitutional do you obey it?

If I'm an unarmed woman with an 8-year old son nearby, and 6 armed SWAT types coming in the door, YOU'RE DAMN STRAIGHT I obey it.

If she had a gun like Indiana Jones above wished, and shot one of them, then she has twelve bullet holes, the kid has no mother, and the state has no witnesses. Who's better off when THAT happens?

45 posted on 06/07/2012 7:58:20 AM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Molon Labbie

No warrant says it all. Two years later and they still have not produced a warrant.

ATF is the worst offender and violator of the constitution and should be disbanded.


46 posted on 06/07/2012 7:59:57 AM PDT by Valpal1
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To: Izzy Dunne
If I'm an unarmed woman with an 8-year old son nearby, and 6 armed SWAT types coming in the door, YOU'RE DAMN STRAIGHT I obey it.

Agreed. Then I pick the time and place for suitable retribution.

47 posted on 06/07/2012 8:43:31 AM 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: Valpal1

As I said before, this was not a search warrant, it was most likely an arrest warrant for the previous tenant. The new tenant will not get a copy of an arrest warrant for another person.


48 posted on 06/07/2012 9:05:22 AM PDT by Molon Labbie (Prep. Now. Live Healthy, take your Shooting Iron daily.)
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To: muawiyah

Different agency, same tactics. All approved by the courts with decades of precedent. Thanks to the Drug War.


49 posted on 06/07/2012 9:07:49 AM PDT by Wolfie
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To: Molon Labbie
“That little tidbit is left out by the attorney, intentionally.”

You know this how?

50 posted on 06/07/2012 9:32:50 AM PDT by starlifter (Pullum sapit)
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