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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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To: starlifter

Would it serve the attorney’s case to the public if he disclosed that it was not a search warrant but an arrest warrant?

No, it would not.

I have been on plenty of both search and arrest warrants with the feds. They have checklists for checklists regarding procedure for the warrants. If it had been a search warrant, she would have been left a copy of the return and the inventory. The servers would have at least four copies and they always have another agent or supervisor making sure the warrant was posted or presented properly.


51 posted on 06/07/2012 10:02:41 AM PDT by Molon Labbie (Prep. Now. Live Healthy, take your Shooting Iron daily.)
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To: Molon Labbie
Sooooo......

Despite what you posted, you're not sure and are just guessing.

52 posted on 06/07/2012 10:15:12 AM PDT by starlifter (Pullum sapit)
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To: starlifter

The whole article is a guessing game.

But I have enough experience with these cases to know how they go. Nothing new.


53 posted on 06/07/2012 10:18:18 AM PDT by Molon Labbie (Prep. Now. Live Healthy, take your Shooting Iron daily.)
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To: Wolfie

Tell that to Baby Faced Nelson ~ he kinda’ pioneered in being on the receiving end of these raids.


54 posted on 06/07/2012 10:49:34 AM PDT by muawiyah
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To: DCBryan1
It’s a shame she didn’t live on IN where she could have legally shot them.

You can shoot them in CO too.

CO Constitution, Bill of Rights, Section 3. Inalienable rights.
All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness.

55 posted on 06/07/2012 11:05:45 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: phockthis

Right here.http://www.subguns.com/classifieds/index.cgi?db=nfafirearms&website=&language=&session_key=&search_and_display_db_button=on&results_format=long&db_id=20831&query=retrieval


56 posted on 06/07/2012 11:18:16 AM PDT by smithandwesson76subgun (full auto fun)
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To: Truth29; 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.

Can you give me a link to that article?
Alternatively/additionally, I believe the original decision -- which prompted the "citizens may shoot police engaged in illegal activities" law -- was, in itself, a felony; therefore, I should like to get the contact information for an IN Grand Jury. (Presentments are your friend.)

57 posted on 06/07/2012 11:32:49 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

Court Ruling

http://frontpagemag.com/2011/05/18/the-indiana-supreme-court-guts-the-fourth-amendment/

New Law

http://www.nraila.org/legislation/state-legislation/2012/3/indiana-governor-mitch-daniels-signs-law-upholding-us-and-indiana-constitutions.aspx?s=indiana&st=&ps=


58 posted on 06/07/2012 11:49:38 AM PDT by Ratman83
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To: marktwain
while the officers broke down his bedroom door

I would ask why her eight year old son had locks on his door.
I suspect her son was a drug kingpin and being eight was just a slick cover.

59 posted on 06/07/2012 12:08:36 PM PDT by MaxMax
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To: Izzy Dunne

Izzy,

I was speaking if you were an officer or agent and you know an order is illegal, immoral and unconstitutional, sorry if I wasn’t clear.

I am quite sure they would have shot her dead and more than likely walked without any down side other than any guilt they might carry with them.


60 posted on 06/07/2012 12:10:00 PM PDT by sarge83
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To: nevergore
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.

You. Are. Wrong.

These tactical assault teams are injurious to the safety and security of every person in the State wherein they are practiced; further, they are injurious to the rights guaranteed by the Bill of Rights, they are -- whether intentionally or accidentally -- designed to create a system wherein the presumption of "bad guy" is upon the target, and any "suspicious movement" or "resistance" is grounds for "legitimately" killing him. (Violating the 5th Amendment) Also, it is not uncommon that the warrants in such cases are such that they do not particularly describe a thing but rather describe an entire class of things, which should technically invalidate the warrant. (Violating the 4th Amendment)

61 posted on 06/07/2012 12:15:35 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: phockthis
“They had multiple machine pistols”

Where do I find one of these???

You upgrade.

62 posted on 06/07/2012 12:25:31 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Ratman83

Thank you.
I knew about the IN SC ruling, wrote a bit about how the judged should have been prosecuted for felonies.
I was unsure whether the IN bill had been signed; glad to see it was.


63 posted on 06/07/2012 12:34:03 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Boogieman

According to the article NO ONE HAS PRODUCED A WARRANT. They (the cops ) kick in doors threaten with death the occupants of the residence & when they find nothing stonewall . Sound about right for cops in this day & age.


64 posted on 06/07/2012 12:38:05 PM PDT by Nebr FAL owner
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To: OneWingedShark

I like the new law it is clear. I know that USSC had ruled that we had the right anyway but it is go to have a clear law also.


65 posted on 06/07/2012 12:46:08 PM PDT by Ratman83
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To: marktwain

You forgot to mention that they gave medals to all the SWAP cops involved in that FUBAR operation.


66 posted on 06/07/2012 1:23:59 PM PDT by trapped_in_LA
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To: Molon Labbie
In the months prior to the incident, local authorities had been to Griego’s house several times looking for Angela Hernandez-Nicholson, a former resident.

Each time, Griego told authorities she was no longer living at the address and even provided them with information on how to locate Nicholson.

“I tell them to contact social services because she is getting government benefits. She is on Section 8 housing, if the state is paying her rent, they should be able to find her,” Griego said. “I have even seen her at Wal-Mart all the time. How hard can it be for authorities to track this woman down?

Begs the question doesn't it? Authorities had already been told the person of interest had moved out, yet they forced their way in to search for her without a search warrant.

An arrest warrant is completely beside the point since having been told multiple times that she wasn't living there, they weren't there to arrest per se, they were there to search the premises because they believed the currant occupant to be lying. Which means they were searching w/o a search warrant.

They can dress it up all they want, but the facts reported suggest they were jackbooting the constitution (again).

I'm done cutting LEO slack and giving them the benefit of the doubt on these issues. It's clear to me that many agencies are out of control and disrespect and abuse our constitution for their own convenience. The ATF is a particularly egregious offender and should be disbanded.

67 posted on 06/07/2012 1:32:45 PM PDT by Valpal1
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To: Molon Labbie
In the months prior to the incident, local authorities had been to Griego’s house several times looking for Angela Hernandez-Nicholson, a former resident.

Each time, Griego told authorities she was no longer living at the address and even provided them with information on how to locate Nicholson.

“I tell them to contact social services because she is getting government benefits. She is on Section 8 housing, if the state is paying her rent, they should be able to find her,” Griego said. “I have even seen her at Wal-Mart all the time. How hard can it be for authorities to track this woman down?

Begs the question doesn't it? Authorities had already been told the person of interest had moved out, yet they forced their way in to search for her without a search warrant.

An arrest warrant is completely beside the point since having been told multiple times that she wasn't living there, they weren't there to arrest per se, they were there to search the premises because they believed the currant occupant to be lying. Which means they were searching w/o a search warrant.

They can dress it up all they want, but the facts reported suggest they were jackbooting the constitution (again).

I'm done cutting LEO slack and giving them the benefit of the doubt on these issues. It's clear to me that many agencies are out of control and disrespect and abuse our constitution for their own convenience. The ATF is a particularly egregious offender and should be disbanded.

68 posted on 06/07/2012 1:32:55 PM PDT by Valpal1
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To: Valpal1

Arrest warrants give the authorities the right to search a premise for the body of the person listed in the arrest warrant, and for that only.

The ATF seemed to have chose not to believe this woman for reasons unknown but they were not necessarily obligated to believe her. Why they did not is beyond the scope of the story and this argument because we do not have the government’s side of this incident.


69 posted on 06/07/2012 1:47:21 PM PDT by Molon Labbie (Prep. Now. Live Healthy, take your Shooting Iron daily.)
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To: OneWingedShark

Only in your mind....


70 posted on 06/07/2012 2:03:46 PM 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: nevergore
Only in your mind....

Then pleas illustrate how my reasoning is wrong and the practices are indeed for the good and betterment of society.

71 posted on 06/07/2012 2:12:01 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Molon Labbie

Since the ATF has a history of murdering innocent citizens as well has lying to the courts, congress and the public to cover up illegal activities (Gunwalking being the most recent), etc., I really see no reason to believe them or their version over that of the citizen.

This is what happens when law enforcement starts doing things the easy way instead of the constitutional way. They destroy the rule of law with their own lawlessness and can no longer be believed or trusted.

That’s the fruit they’ve grown by pissing on the tree of liberty.


72 posted on 06/07/2012 2:18:57 PM PDT by Valpal1
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To: Molon Labbie

Also, they’ll need a reasonable basis to believe the suspect is inside, not stale information based on last known address.


73 posted on 06/07/2012 2:27:05 PM PDT by Valpal1
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To: Valpal1

Again, no word from the ATF on how they gathered their intelligence, e.g., human sources, surveillance, wiretaps, etc.

No reasonable and responsible supervisory agent would sign off on an operations order than had stale address (as in months old) information.

There is more to the story. All I am asking people to do is be skeptical of one sided stories.


74 posted on 06/07/2012 2:41:35 PM PDT by Molon Labbie (Prep. Now. Live Healthy, take your Shooting Iron daily.)
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To: Molon Labbie
No reasonable and responsible supervisory agent would sign off on an operations order than had stale address (as in months old) information.

This is the ATF we're talking about, remember? Reasonable and responsible doesn't seem to be their hallmark.

Their side of the story will never get told, they'll just settle this at the taxpayer's expense and continue merrily violating the law and our rights.

75 posted on 06/07/2012 2:56:38 PM PDT by Valpal1
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To: marktwain

Checking recent utility or phone bills and the like are far too sophisticated investigative techniques for the ATF. Sheesh!


76 posted on 06/07/2012 3:00:16 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: Molon Labbie
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 ...

It's as plain as the nose on Bill Clinton's face that they didn't do enough to know the person they wanted had left a year earlier. Which any Barney Fife could find out in five minutes.

77 posted on 06/07/2012 3:06:30 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: Valpal1

Here’s the filing http://www.scribd.com/doc/95498950/Griego-v-Steinhage, which alleges the defendants relied on a two year old address listing and had no “lawfully executed” warrant.

Interestingly, the lawyer David Lane has a wiki page because he is a member of the ACLU and represented Ward Churchill.


78 posted on 06/07/2012 3:17:50 PM PDT by Valpal1
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To: William Tell

Yes, good catch. They can’t be carefully assessing each situation tactically and still hitting the wrong houses with this degree of regularity.


79 posted on 06/07/2012 3:30:41 PM PDT by Boogieman
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To: Pollster1

“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.”

My son, 8 yrs in the Marine Corps, and now some years as a deputy sheriff, says the elite military will for sure be on the side of we the people. He thinks most sheriff’s depts will also side with we the people when thed SHTF. And We the People have the largest armed force in the world.


80 posted on 06/07/2012 5:34:30 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: Molon Labbie
Again, no word from the ATF

How long do we wait before concluding that their silence is a tacit admission?

'“Nobody will even tell us if they had a warrant,” said Denver attorney David Lane, who filed the lawsuit on Griego’s behalf. “We’ve been stonewalled by the ATF even more so than by Greeley police.”'
- Friday, June 8, 2012, Greeley Tribune, http://www.greeleytribune.com/article/20120608/NEWS/706089985/1005

81 posted on 06/08/2012 9:57:25 AM PDT by JustSayNoToNannies (A free society's default policy: it's none of government's business.)
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To: varmintman

What happens when you shoot the SWAT guy coming in the door in the night? Ask Ryan Frederick what happened when he used his .380 to shoot the intruder Detective Jarrod Shivers who blew a hole in his door and was reaching in to unlock it. Yep 10 years for voluntary manslaughter.


82 posted on 06/08/2012 10:37:17 AM PDT by An American! (Proud To Be An American!)
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To: nevergore; OneWingedShark; marktwain

nevergore: Only in your mind....

So the 4th and 5th amendements and overall bill of rights only exist in OneWingedSharks mind...you are completely clueless.

I tried to understand your point that tactics are designed to make sure the cop goes home safe at night. And to a limited degree you are correct, the problem is they came up with tactic based on erroneous logic that it is needed. 99.9% of the time, there is zero need for a no-knock warrant or other SWAT style tactics to arrest the bad guy.
Read the surveillance notes...it is hilarious as they document the bad guy coming and going...even getting the mail across the street out in the open and then they CHOOSE to dangerously bust in the wee dawn hours. Now they can claim they need to use the tactics to protect themselves...none of it passes the common sense test...and ultimately we see dead and injured cops, dead and injured pets, dead and injured innocents or dead and injured bad guys...but somehow in your small world of understanding this all makes sense????
Just like the story in Yuma, AZ where special tactics guys push a guy threatening to kill himself with a knife to the point of forcing him to respond thereby allowing them to shoot him all because they weren’t patient enough...3 hrs from start to a dead guy who could at worst harm himself with his knife (http://www.freerepublic.com/focus/f-news/2892814/posts) I suppose you nevergore would find that type of response valid to make sure the killer (a ‘special’ cop) can go home at night to his family....


83 posted on 06/08/2012 10:57:02 AM PDT by An American! (Proud To Be An American!)
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To: sarge83

You want to hear “the other side” of people who consider it acceptable to point guns at an 8 year old?

You want to hear the *government employees* side of the story?


84 posted on 06/08/2012 6:18:29 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: William Tell

The way to solve these is to maintain the same standard to “raids” that we do to criminal procedure - beyond a reasonable doubt. Then when these guys get it wrong the source must be held accountable and made public. Do that once or twice and the crack head who gives info in exchange for fix money will think twice.


85 posted on 06/09/2012 9:15:52 AM PDT by 1010RD (First, Do No Harm)
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To: marktwain

This family is lucky they weren’t all slaughtered.


86 posted on 06/09/2012 9:16:17 AM PDT by 1010RD (First, Do No Harm)
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To: 1010RD

Here’s an idea: How about don’t assume information from a disreputable source is reliable until you have independently verified it.

They may have been given bad information, but they were the ones who failed to verify it themselves.


87 posted on 06/09/2012 9:31:12 AM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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