Posted on 06/20/2020 10:56:44 AM PDT by RandFan
Functionally it is. If the warrant says “you can no knock raid house X” and you find yourself kicking in the door of house Y that’s not the warrant, the search isn’t legal. If such happens and nobody dies but you find stuff you can’t use it in a case, because you didn’t have a warrant for that house. And of course in this case they found nothing, and killed somebody. At the wrong house. They’re murderers. Pure and simple. And the fact that nothing has happened shows just how messed up our police situation is in this country right now.
It’s really all about which the media picks up. And a lot of that has to do with if there’s anything for the media to show. There’s no available footage of this. Nothing to put on TV or youtube. If doesn’t make good TV it doesn’t make the news.
See post 17. Seems pretty similar to the Houston NK Raid, where the narcotics detective falsified info to get an NK warrant, then murdered the occupants. Or the FISA courts, where the FBI falsified and withheld evidence to get warrants to investigate Trump’s campaign and administration.
And I guarantee you, the few tragedies we hear about are the tip of the iceberg.
Sadly, it’s getting to the point where LEO’s have so abused their authority, and Judges have been their rubber stamps, that it’s difficult to trust them any more. When you abuse your authority, you lose it.
Certainly, there are some cases that require NK warrants. Terrorism. Bomb makers. Organized crime. But we need to take them away from street cops and detectives. Requesting NK raids should require Chief of Police involvement, and maybe the Mayor or other high level oversight. And rather than a single judge, a panel of three requiring unanimous agreement. A 3 minute rubber stamp review by a single judge is not enough. Overriding constitutional rights should be hard, and the bar should be very high.
Not just the constitutional problems. It’s also that they are generating a hostile situation. We used to be able to bust all this kinds of things with knocking, and without people on either side getting killed. Even with terrorists and bomb makers, when you show them you have overwhelming force, that they’re either coming out in handcuffs or a bag, they tend to pick handcuffs. It’s a small list of people who actually want to get shot to death.
And since most of these guys have somebody further up the food chain they can rat out, getting peacefully arrested is a win win. That used to be how we’d bust the big bads, get a small fry, he rats out his boss, who rats out his boss, and on and on until you’ve got John Gotti behind bars. Now it’s a no knock raid, guy might not even know it’s the cops, shoot out, dead perp, no rat, no food chain.
It’s the video. Regardless of the circumstances of a case where all you have is a description of events, you can’t match the visceral reaction of watching a man plead for his life for 8 minutes before he dies with an officer’s knee on his neck.
That will always touch more nerves more quickly and strongly. The officers in that video came off as callous and reckless. Floyd easily came off as am empathetic character. At trial, we’ll no doubt get some new information which may or may not change the reality of the situation around actual cause of death, but I still haven’t heard from a single sworn LEO anywhere that thinks it was a good idea to have a knee on a handcuffed and prone subject’s neck for any length of time, let alone 8 minutes.
You mention the FISA court. I recall there was a case from around 2005 or so where an FBI agent lied so badly before the FISA court that they barred that agent from ever giving testimony before them again. And that’s a court with zero adversarial system in place to offer any perspective besides the government’s.
The 4th amendment to the Bill of Rights guarantees the “home is the castle” and necessitate a search warrant to allow police to enter. A search warrant and a no-knock search warrant are vastly different concepts.
A no-knock warrant does not in any way observe the 4th amendment protection of the Bill of Rights. It assumes guilty until proven innocent.
The most sane thing would be for the police to knock and loudly identify themselves. If they hear continuous movement, then announce a break in.
A normal, reasonable person, not involved in criminal activity, would automatically assume a home invasion and would fire back.
we don’t know she was ‘an exemplary citizen’
according to the warrant, drugs were being dealt out of that apartment by Adrian Walker, unknown relation to ‘not a live-in’ boyfriend Walker
her car was seen several times at a drug house
her name and address was allegedly on a 2nd warrant that named Adrian Walker and another guy
yes, they allegedly did hear some knock or noise at the door because Walker says Taylor called out ‘several times’ ‘who’s there’. Walker says there was no answer.
Walker shot at the door striking an officer immediately after the door was sprung. Both sides agree Walker shot first.
Why was Taylor shot but not Walker - where was Walker in relation to Taylor if he was ‘protecting her at all costs’ ?
A lot of this story is being lost to manufactured hysteria. Breonna is dead because Walker shot first. Had Breonna been in the bedroom she’d be alive because no bullets penetrated the bedroom. Was she a human shield? Was she the shooter? Was she in the hallway because she was flushing drugs and on the way back to the bedroom?
Instead of dismissing charges against Walker, he needs to come clean on what happened and explain Adrian Walker’s relationship to Taylor, that she would be seen at his house and allegedly allow him to deal drugs out of her house.
Stupid cops but the article lost me with the crap about treating pandemic patients even though she died FOUR MONTHS AGO!
Correct thinking. This, that, what if, ....fact: no knock raids violate the Constitution. Our police have enough resources and hopefully brains to stop this frequent violation and take time to skillfully apprehend criminals. Reminds me of Waco, ( and Ruby Ridge, etc) the ATF and Marshalls could have simply arrested Koresh in the grocery store parking lot, the Post office lot, the Walmart parking lot, etc...
You are filling in some unknowns with assumptions, some of them false. For instance, the only “relation” between the 2 “Walkers” is their name. They are not related. Taylor’s boyfriend, Kenneth has no criminal record and legally owned and possessed his weapon. Taylor previously dated one of the persons listed on the warrant, Jamarcus Glover. It is Glover who is accused of picking up a USPS package from Breonna’s home, not Walker. Postal Inspectors have denied that there was any suspicious activity, and say they reported as much to the agency that requested their investigation. Everything in the warrant request appears to come exclusively from Detective Jaynes, who is now under investigation for the warrant application. As of now, it appears everything in the warrant application is suspect.
Much of the evidence used to drag Breonna into this case seems extremely circumstantial and thin. Previously dating a small time drug dealer? He stopped by her apartment ONCE and picked up a package? Busting down a door at 12:15 am seems a little extreme, and dangerous for suspicion of such low level crimes. If Detective Jaynes did in fact lie on his warrant, he should be charged with manslaughter.
The three officers who served the warrant can be judged for how they performed, but it appears they were acting under what they believed to be a valid warrant. The fired officer emptied his weapon through a closed window with closed curtains from outside the home. The fired Police Chief had clearly lost control of his force. Both deserved to be fired.
Sadly, it appears Breonna’s relationship with Glover, in a round about way, resulted in her death. But it was LMPD who actually killed her. Making up fantasy scenarios to blame Kenneth Taylor for Breonna’s death is not helpful.
BTW, the (questionable) warrant in question HAS been released.
https://htv-prod-media.s3.amazonaws.com/files/search-warrant-2-1589584493.pdf
Katherine Johnston is unavailable for comment.
1% of all no-knock raids are needed and legitimate. 99% are not.
If you want to catch them in possession, turn off the sewer line. Cut the power. Cut the water. Quit this John Rambo mess happening across all jurisdictions and sending out SWAT for the littlest thing.
*Taylor previously dated one of the persons listed on the warrant, Jamarcus Glover.”
Like I said, I haven’t really followed this but did read a few articles. One of her friends had said that J Glover didn’t like Taylor. So that’s why I questioned about A. Walker. If he’s not a blood relative of K. Walker, cool. Maybe the friend was just trying to cover for K. Walker saying he’d dated Taylor for ‘a long time’. But if Breonna was dating Glover, too, then that was recent: Glover connected Taylor’s apartment with drugs in the prior 2 months, along with Taylor’s vehicle. So there must have been some interruption in ‘a long time’ unless she was dating both? But I don’t care about Glover.
What I’m trying to understand is why, K. Walker was in position to fire directly at the door, and fired first, but was not hit, yet Breonna is dead. If Breonna knew K. Walker had a firearm, knowing he fired at the door, she’d also know, as a trained EMT, to dive as soon as he fired, and she seemed a pretty smart girl. Standing in the hallway in direct line of return fire isn’t something a smart girl would do. What put her there, unprotected and taking 8 rounds, while the guy who said he was there to ‘protect her at all costs’ came out without a bruise?
The other stuff about the cops; that’ll wash in the laundry of justice.
But I’m not painting Walker as a saint until I can understand why Breonna was not somewhere other than where she ended up. And right now, it’s wonky.
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