Posted on 07/26/2011 10:43:35 AM PDT by Immerito
An Alameda County medical marijuana patient is reeling after sheriffs raided his garden and threatened to kill his pet dog today.
Jason Rivera, a paraplegic who suffers severe chronic pain, was detained by sheriffs presenting a warrant at his recording studio. The warrant was based on the tip of an anonymous informant, said Rivera, recounting the statements of deputies on the scene.
As sheriffs executed the warrant at the studio, one asked Rivera about searching his home. Rivera says the deputy threatened to kill his dog if he didn't cooperate. "We can do this the easy way and you can take us to your house to look around," Rivera recounts the deputy saying, "or we can detain you for six hours while we get a warrant and go to your house and shoot your dog."
The killing of family pets by SWAT officers during marijuana raids has generated numerous headlines recently, including chilling video of a raid in Columbia, Missouri, where a man's dog was shot seven times while the man's seven-year-old child slept in the next room. In these cases, police spokespersons defend the actions of the officers by explaining that in these no-knock raids, securing the premises and eliminating immediate threats to officer safety is standard operating procedure. Rarely are any officers punished for the wanton killing of these animals that are merely defending their homes from intruders.
(Excerpt) Read more at examiner.com ...
They would likely shoot the dog anyway.
Sooner or later, these badged punks will shoot one dog too many and may find themselves facing down enraged mobs. It’s a shame that decent police officers will also find themselves embroiled in the mess to come.
This is what the “War on SOME drugs” has become. It has corrupted the cops. It’s a war on people, not on drugs at all....and a war on dogs, too, it would seem.
As sheriffs executed the warrant at the studio...
the deputy saying, "or we can detain you for six hours while we get a warrant and go to your house and shoot your dog."
So they had a warrant but needed to detain the owner while they went to GET a warrant.
Whiskeytangofoxtrot?
Please explain to me why that isn’t terrorism. “Cooperate, or we’ll murder your (extended) family.”
Not likely. But it does contribute to a breakdown in the relationship between police officers and the citizenry.
What would likely happen, in the end, is that the police could need the assistence of the publics on something, or an overwhelmed officer could find himself in trouble and they’d find nobody willing to intervene.
The problem is with the “no knock” raids.
They're either bluffing, or they really are willing to shoot the guy's dog as "payback" for making them get a warrant. About the only thing you can do is call their bluff. If they're willing to kill the dog for that, you need to find out now. Next time it could be the wife and kids.
Probably they had a warrant for the studio but not the house. They were trying to convince him to let them search the house voluntarily, and threatening him that if he didn’t consent, they would come back with a warrant, search anyways, and shoot the dog.
I’m no lawyer, but that sure sounds like some form of extortion to me.
It will be someone’s wife and kids if this isn’t stopped now.
I’m no lawyer either, but I’m pretty sure the police violated SOME form of extortion laws in making that threat.
Oregon state law reads:
164.075 Theft by extortion. (1) A person commits theft by extortion when the person compels or induces another to deliver property to the person or to a third person by instilling in the other a fear that, if the property is not so delivered, the actor or a third person will in the future:
(a) Cause physical injury to some person;
(b) Cause damage to property;
(c) Engage in other conduct constituting a crime;
(d) Accuse some person of a crime or cause criminal charges to be instituted against the person;
(e) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;
(f) Cause or continue a strike, boycott or other collective action injurious to some persons business, except that such conduct is not considered extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act;
(g) Testify or provide information or withhold testimony or information with respect to anothers legal claim or defense;
(h) Use or abuse the position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
(i) Inflict any other harm that would not benefit the actor.
(2) Theft by extortion is a Class B felony. [1971 c.743 §127; 1987 c.158 §27; 2007 c.71 §48]
http://www.leg.state.or.us/ors/164.html
Columbia Missouri SWAT dog-killing video:
http://www.youtube.com/watch?v=RbwSwvUaRqc
Long, low-intensity wars: soldiers expected to act like cops, and cops gradually act like soldiers...
http://codes.lp.findlaw.com/uscode/18/I/41/872
18 U.S.C. § 872 : US Code - Section 872: Extortion by officers or employees of the United States
Whoever, being an officer, or employee of the United States or
any department or agency thereof, or representing himself to be or
assuming to act as such, under color or pretense of office or
employment commits or attempts an act of extortion, shall be fined
under this title or imprisoned not more than three years, or both;
but if the amount so extorted or demanded does not exceed $1,000,
he shall be fined under this title or imprisoned not more than one
year, or both.
Well, dude’s a paraplegic. Shoulda told them, “I’m not going anywhere fast...get your “f-ing” warrant flatfoot!”
It sounds like they had a warrant for the studio, but not the guy’s home.
So instead of procuring a legal warrant to do so, they threaten the poor guy.
I wonder if the actions of these cops will be defended by any of the usual cop defenders?
Earlier thread, http://www.freerepublic.com/focus/f-news/2753901/posts Pretty tame.
Here is the Maryland case, in which SWAT killed the 2 retrievers of the city Mayor:
http://www.youtube.com/watch?v=DYQD-btqhKg&feature=related
They said they HAD to, because when the Mayor’s mother-in-law saw the team running across the lawn to the front door, she screamed.
I’m serious.
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