Oh really?
Posted on 06/18/2012 4:14:48 PM PDT by BCrago66
At 7 a.m. on January 20, 2007, DEA agents battered down the door to Thomas and Rosalie Avina’s mobile home in Seeley, California, in search of suspected drug trafficker Louis Alvarez. Thomas Avina met the agents in his living room and told them they were making a mistake. Shouting “Don’t you *ucking move,” the agents forced Thomas Avina to the floor at gunpoint, and handcuffed him and his wife, who had been lying on a couch in the living room. As the officers made their way to the back of the house, where the Avina’s 11-year-old and 14-year-old daughters were sleeping, Rosalie Avina screamed, “Don’t hurt my babies. Don’t hurt my babies.”
(Excerpt) Read more at reason.com ...
Haven't read the opinion yet (I'm listening to the oral argument right now), but for those with some familiarity with the legal issues here, what's curious is that the plaintiff didn't file a Bivens action, but old-fashioned common-law claims for assault & battery (and intentional infliction of emotional distress).
Here’s the oral argument before judges Pregerson, Graber and Berzon of the 9th circuit, on May 9th of this year.
http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000009131
Apparently it was OK with the 14 year old...
These no-knock raids MUST stop.
The cops (D. A.) develop a friendly relationship with a judge, and whenever they want, they get permission to break into someone’s home.
In the confusion the wrong home gets broken into, family pets get killed, family members get killed, and even officers get killed because folks don’t always hear who they are in the commotion.
How many F-ups does it take for it to get through the court’s heads that this is wrong?
After two hours, the agents realized they had the wrong house—the product of a sloppy license plate transcription—and left.If we lived in a just country, the director of the operation, along with his/her boss, would lose his job and his pension.
It wouldn't be long before "the wrong house" would stop happening.
As it is now, they have nothing to lose, so they don't give a rat's butt, so they'll do it again, often.
Wow, I agree with the 9th District?? Gotta run outside and see if the cows did come home.
Innocent until proven guilty? Not in this country. Not any more....
Welcome to Police State USA!
Here’s the PDF of the decision itself:
http://www.ca9.uscourts.gov/datastore/opinions/2012/06/12/11-55004.pdf
By sheer force of numbers - the 9th Circuit covers the most territory, has the most judges, and decides the most cases of any federal circuit - these guys have to get it right sometimes. Plus remember, the Chief Judge of the 9th Circuit is Alex Kozinski, who has been on the forefront of defending property rights, 2nd Amendment rights, etc.
I concur. I totally oppose no-knock raids.
>>Wow, I agree with the 9th District?? Gotta run outside and see if the cows did come home.<<
While you’re at it, watch out for pig poop from above...
SWAT busts down wrong door
http://www.youtube.com/watch?v=vY82seEBw5w&list=FLv4QFAmpUbBf1dSGKHmU_qA&index=93&feature=plpp_video
Thanks DBeall.
Oh really?
“Gotta run outside and see if the cows did come home.”
LOL, that’s a good line.
Thanks BCrago for posting this story here.
What you’re asking is that the actual be sacrificed to the hypothetical, i.e., that the actual rights of law-abiding citizens not to be terrorized by outlaw DEA agents, be sacrificed on the ground that widespread terrorization of this kind may have snagged (apparent) bad guys such as Treyvon Martin.
That idea isn’t compatible with a free America.
This is all practice for and the beginnings of The Terror. Every totalitarian government makes use of it.
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.