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rhaig

no-knock warrants must suck for cops

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If I were a cop, this would be the perfect example of why I would hate serving no-knock warrants.

http://www.kbtx.com/home/headlines/Man-Charged-With-Killing-Burleson-County-Deputy-No-Billed-by-Grand-Jury-243993261.html

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A Somerville man, charged with Capital Murder in the shooting death of a Burleson County Sheriff's Deputy, has been no-billed by a Grand Jury.

28-year-old Henry Magee was charged with Capital Murder, but Magee's attorney, Dick DeGuerin, confirmed to News 3 Thursday morning that the charge is being dropped.

Magee was indicted for Possession of Marijuana by the same grand jury. He is now waiting on bond to be set at the Washington County Jail.

Magee was accused of shooting and killing Burleson County Sheriff's Deputy Adam Sowders in a "no-knock" raid on Decemeber 19, 2013. Information released January 14th on the raid near Somerville, revealed what deputies were searching for inside Magee's mobile home.


--
Rob

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A Somerville man, Henry Magee charged with killing a Burleson County Sheriff’s Deputy, has been no-billed by the Grand Jury.
28-year-old Henry Magee was charged with Capital Murder in the death of Investigator Adam Sowders, but that the charge has been dropped.

Magee was indicted by the same grand jury for Possession of Marijuana While in Possession of a Deadly Weapon—a 3rd Degree Felony.
Magee was accused of murdering Sowders during a raid on his home Decemeber 19th.
During the “no knock” search warrant, Sowders was shot and killed. Magee admits to firing at the SWAT team, but Magee’s attorney, Dick DeGuerin, says he did it in self defense of him and his pregnant girlfriend.
21st District Attorney Julie Renken says she feels the Burleson County Sheriff’s office did nothing wrong or illegal.
In a statement issued by Renken she says self-defense laws in Texas are “viewed in the mindset of the actor, not the victim, which allows for tragedies to occur when one party is acting lawfully.
Renken went on to say that the Sheriff’s deputies would not have been at Magee’s home in the first place, had he not been taking and “producing illegal drugs in his home”, and her office will fully prosecute the drug charges which could land Magee in prison for up to 20 years.
In filing for the “no knock” warrant, Det. Sowders told a Burleson County Judge that announcing law enforcement’s presence would be, in his words “dangerous, futile and could inhibit the investigation”.
Sowders said an informant told him that Magee said he was not afraid to use his weapon, had an aggressive dog and would destroy the drugs.
Texas Rangers were called in to collect evidence. Inside Magee’s home, they say they found a sophisticated marijuana grow operation and several firearms.



Well, Adam Sowders got his butt shot off and killed because he requested a "No Knock" warrant. Adam had no skills in this area, neither did the rest of the officers that went with him. Sowders went to the door and knocked on it himself, No one answered the door, but shots rang out, as Sowders lie dead out side. I'm no Judge, but he kinda asked for that one, too bad it ended his life. RIP Officer Adam Sowders. Burn in hell McGee, you got away with taking an officer's life. I hope that makes you feel good.
Truth is, your fixing to have a lot of new friends, you can be their new "WOMAN!" What a coward, and too bad Adam made a really bad call. In fact, given the circumstances they could have arrested him while he was in town and unarmed. I don't get it. Protocol must be way different in Burleson County than in Lee County. We don't go for BS like this and everybody knows it. We never would have sent a scab crew out at night with a "No Knock" warrant knowing the clown inside was armed and dangerous. (Or assumed dangerous, excuse me) C'mon man!

Best-
Richard

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All for the sake of maintaining the idiotic criminalization of marijuana, a product which practically everybody either wants or feels "live and let live" about. I hope society feels Officer Sowers's life was worth sacrificing for that. Talk about your fucked up social priorities...

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The best comment I saw in a story:

"We’re now in an age in which two states have now legalized the recreational use of marijuana, and more are likely to follow suit. So it seems particularly absurd that in other states, police are still breaking down doors and committing violent raids to apprehend people who are growing, using, or selling the same drug. If this incident puts an end to that practice in Burleson County, that’s certainly progress. But it would nice if it didn’t require more dead cops—not to mention dead citizens—for police departments across the rest of the country to make the same changes."

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All for the sake of maintaining the idiotic criminalization of marijuana, a product which practically everybody either wants or feels "live and let live" about. I hope society feels Officer Sowers's life was worth sacrificing for that. Talk about your fucked up social priorities...



Yeah, really. Too bad Adam was granted the "No Knock" warrant. A very bad decision considering the circumstances. I believe someone has been watching too many cop shows. Adam's biggest mistake came when he didn't wait for everyone to arrive on scene prior to engaging the suspect himself. I knew and liked Office Sowders, he never seemed that mistake prone to me. But what do you do? Just too bad this mistake costs us a fine civil servant and friend.

Best-
Richard

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normiss

More so given the stupidity of acting on a narc's accusations.
Idiocy. A military assault on a citizen's home is just wrong.
Anybody could make this mistake.
Stop making violent entry into people's homes in the middle of the night.



One An impartial judge signed that warrant. No-knock warrants are granted for very limted reasons, like armed person(s) inside (which proved to be the case), or maybe destruction of evidence. Since a grow farm is hard to flush, I suspect the former, was the reason.
Two- A 'military assault on a citizen's home'. I suppose the cops could call ahead and politely ask the folks inside to stop cooking meth, making bombs or selling human beings. In my experience such persons are not easily swayed by 'advice'.
Three- "Anybody could...?" Most places you can not shoot someone on your porch until you have identified them as being armed, and a threat, and not a police officer advising you the house is on fire or a neighbor asking for a jumpstart.
Four- See number two. Sometimes a night entry is safer for all converned for obvious reasons.

I take from your comment that you have no experience with dynamic entries nor the reasons they might be warranted. They are very scary, and dangerous, both personally and professionally. And they are not "games" as one poster put it. And in case you are wondering, 104 and counting.

Last- In response to- "Play stupid games, win stupid prizes.

Playing Navy SEAL CQB expert when you're trying to bust someone for something that shouldn't even be against the law definitely falls under "stupid games".

Fact is what you think "should" be legal is irrelevant until it is.
It isn't a game. If you think the Deputy's family won a "stupid prize", please share that directly with them and let us know how that goes, will you?

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FastRon

***More so given the stupidity of acting on a narc's accusations.
Idiocy. A military assault on a citizen's home is just wrong.
Anybody could make this mistake.
Stop making violent entry into people's homes in the middle of the night.



One An impartial judge signed that warrant. No-knock warrants are granted for very limted reasons, like armed person(s) inside (which proved to be the case), or maybe destruction of evidence. Since a grow farm is hard to flush, I suspect the former, was the reason.
Two- A 'military assault on a citizen's home'. I suppose the cops could call ahead and politely ask the folks inside to stop cooking meth, making bombs or selling human beings. In my experience such persons are not easily swayed by 'advice'.
Three- "Anybody could...?" Most places you can not shoot someone on your porch until you have identified them as being armed, and a threat, and not a police officer advising you the house is on fire or a neighbor asking for a jumpstart.
Four- See number two. Sometimes a night entry is safer for all converned for obvious reasons.

I take from your comment that you have no experience with dynamic entries nor the reasons they might be warranted. They are very scary, and dangerous, both personally and professionally. And they are not "games" as one poster put it. And in case you are wondering, 104 and counting.

Last- In response to- "Play stupid games, win stupid prizes.

Playing Navy SEAL CQB expert when you're trying to bust someone for something that shouldn't even be against the law definitely falls under "stupid games".

Fact is what you think "should" be legal is irrelevant until it is.
It isn't a game. If you think the Deputy's family won a "stupid prize", please share that directly with them and let us know how that goes, will you?

If police didn't have a long history of breaking down the wrong doors, frequently on bad information and killing Joe Public and his dog (the latter being almost a sport for the largest gang in America), I'd potentially have some sympathy.


Now if the police want to start leading by example and showing themselves to be a cut above the thugs they're trying to make examples of, they can maybe start climbing the long path back to respectability. But since they're still out there breaking down doors, beating people who aren't resisting, killing people whose homes they've broken into wrongly, and so forth.

The war on drugs is a huge failure that has cost untold amounts of lives. The sooner we cut this shit out, the sooner we can demilitarize the police and maybe turn them back into members of the community instead of a bunch of jackbooted psychopaths.
cavete terrae.

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normiss

More so given the stupidity of acting on a narc's accusations.
Idiocy. A military assault on a citizen's home is just wrong.
Anybody could make this mistake.
Stop making violent entry into people's homes in the middle of the night.




Do you feel the same about when the SWAT and Boston PD went door to door raiding peoples homes looking for the boston bombers? I do.

http://www.youtube.com/watch?v=_MezLoczjfY

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Pot isn't a violent crime, meeting it with violence is just wrong, more so when the accusations are from a criminal who is trying to earn favor with prosecutors. How trustworthy do you really think that is???? :S:S:S:S

A violent, middle of the night intrusion into a home is fully expected to be met with resistance. Possibly armed.
Such was the case here.
They had no problem walking up to his home, knocking on the door, and discussing a neighbor's complaint about gun fire on his property. So they were kind enough and considerate enough to knock on the door for a suspected weapons issue, but had to assault the property over weed????

The prize? They got their violent felony arrest didn't they.
:S:S:S

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normiss

Your last sentence is awesome.

I didn't fear the cops when I was a kid, I respected them.
That is no longer true.;)[:/]



[Url]http://www.cato.org/raidmap[/url]

I think that the overuse of paramilitary raids is causing more problems than it is solving. We can look back at past policies like the 1033 Program and see where it has led.

These raids are being used mostly on drug warrants. And frequently those are misdemeanors. Sure, they're meant to protect the cops by providing shock and awe. But they are easily mistaken for home invasion robberies and people will defend against those. Cops get blasted when they don't have to.

The unnecessary threat of force also means people get blasted by cops when they don't have to. I can also see how doing twice-a-day raids on misdemeanor drug warrants can lead to complacency. When there's a threat and a person who is actually violent and will kill, this person is underestimated.

SWAT isn't used for what it was intended. Barricades and hostages and the like. People view cops as a threat now. It seems that cops like it that way.

A few years ago a cop told me that others don't understand what it means "to be the law." It wasn't until later when I thought about it. No. He's an officer under the law. Not "the law." There's a huge difference.


My wife is hotter than your wife.

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Amazon

***Your last sentence is awesome.

I didn't fear the cops when I was a kid, I respected them.
That is no longer true.;)[:/]



^^^^^^ THIS


That was when they were actually protecting and serving WE The People.[:/]:(

While we're on the subject of scumbag cops, this is a town about 50 miles from my house, 90% of the residents are un-documented workers
Who live there.



http://m.ksbw.com/news/king-city-police-chief-miller-and-exchief-baldiviez-arrested/24662946

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Interesting link, thanks.

I looked up one particular case from Atlanta to see what was reported. Here's what was linked to the map:
"Title: Kathryn Johnston

Type: Death of an innocent.

State: GA

Description: Acting on a tip from a confidential informant, police conduct a no-knock raid on the home of 88 year old Kathryn Johnston. Johnston, described by neighbors as feeble and afraid to open her door at night, opens fire on officers as they burst into her home. Three of the officers are wounded before Johnston is shot and killed. Relatives say that Johnston lived alone, and legally owned a gun because she was fearful of intruders. She lived in the home for 17 years. Police claim that they find a small amount of marijuana in Johnston's home, but none of the cocaine, computers, money, or equipment described in the affidavit that was used to obtain a warrant. There are now allegations of a police cover-up. Developing... Source Shaila Dewan and Brenda Goodman, "Atlanta Officers Suspended in Inquiry on Killing in Raid " The New York Times, November 28, 2006."

The reality of what happened is much much worse. It was subsequently proven that police lied on the documents used to obtain the no-knock warrant, and (after the raid went bad) picked up a known small-time dealer and used the threat of trumped-up charges to force him to lie and say he had bought drugs at the residence. Ms Johnston did have an old rusty revolver, as she lived in a high crime area, and as the undercover police broke down her door she fired one shot over their heads. The police in turn fired 39 times, hitting Ms Johnston five(!) times. All the injuries to the 3 police officers were from their own bullets ricocheting. Ms Johnston was still alive at that point, but the police handcuffed her and left her to bleed out as they searched the house. When they found no drugs or anything else incriminating in the house, one of them planted three bags of marijuana,which they had obtained from another bust earlier in the day, in Ms. Johnston's basement.

The case was suspicious enough that it attracted an investigation from the Georgia Bureau of Investigation and the FBI, where it was proven that the Atlanta police made up the information used to obtain the warrant, and both planted evidence after the fact and used threats to force an "informant" to lie and say he had provided the (false) information. Three officers were tried, convicted, and sentenced to terms of 10, 6, and 5 years. Personally I think they got off very lightly. Worse, almost, was the revelation that such behavior was routine within the narcotics division, driven by a quota system that the police tried hard to cover up. As another result, over 100 convictions had to be reexamined and several people were exonerated.

So it it emphatically not true that, if you're not doing anything wrong you have nothing to fear.

As part and parcel of the whole "war on drugs" nonsense, I think the use of the "war" to justify a pattern of confiscating money and property, without the need to even file charges must less obtain a conviction, provides plenty of motive for such police abuses.

I know several cops. Some are great people, but a couple are genuinely scary. I think the profession attracts people who want to help, and some who just like the power. I also think it's hard to hold that job for a long time without becoming jaded, and perhaps frustrated at the limitations imposed if you do things "by the book". I can see how easy it would be to fall in line with the "it's a war", "the end justifies the means" mentality.
Don
_____________________________________
Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)

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OK- Perhaps a grow farm in Texas is a misdemeanor these days? Do confidential informants lie? Yep. There are checks and balances that are supposed to minimize mistakes. Have the cops raided the wrong place in the past. Yep. Did they want to? Probably not- the personal, professional and legal risks are enormous. To assert otherwise is silly. Is the 'system perfect? No- because it involves a lot of imperfect parts. In my experience, they try really hard to do it right.

And by the way- just what kind of "ism" do you have that assigns the characteristics of the anomolies to the entire group? It's OK if they are law enforcement, but not some other group?
We had a little problem here a few years back- where a few defense attorneys were bringing meth to the local inmates. Should all attorneys share that culpability? No. Nor should they have to. The problem got rooted out and solved- just like all those "cop" problems did. Maybe the system works a little better than some folks think.
I suppose that's not as much fun as sitting around howling "where's the justice?" though...

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[Reply]just what kind of "ism" do you have that assigns the characteristics of the anomolies to the entire group?



Because a look at the map I posted shows it's not just a limited thing. It's everywhere. Not rogue cops or departments.


My wife is hotter than your wife.

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As part and parcel of the whole "war on drugs" nonsense, I think the use of the "war" to justify a pattern of confiscating money and property, without the need to even file charges must less obtain a conviction, provides plenty of motive for such police abuses. Quote

Ah- Do you think the cops are taking home that seized property? Whether the seizures are justified, is decided by pay grades a little higher than the cops on the street.

I probably know several more cops than you- Every one is different. But every last one of them took an oath to place your life before theirs. Some may not think about that promise much when it was made, but the lion's share will honor it in spite of the callous disregard often shown them by often well-meaning people.
Seems odd too that when some goblin knocks them down and steals their wallet or whatever, the first call is not their uncle in Iowa or wherever.

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Quote-
As part and parcel of the whole "war on drugs" nonsense, I think the use of the "war" to justify a pattern of confiscating money and property, without the need to even file charges must less obtain a conviction, provides plenty of motive for such police abuses. Quote

Ah- Do you think the cops are taking home that seized property? Whether the seizures are justified, is decided by pay grades a little higher than the cops on the street.

I'd argue that giving law enforcement the power to seize property and money based on only a suspicion of drug involvement, without any need to even file charges, much less prove a drug connection in court, is an affront to American values. If you add in the fact that police are allowed to keep much of the money and use it for equipment, cars, travel to "training" seminars, bonuses, DA pay, etc you have a strong motive to abuse the system.

Here is a very good article that describes the epidemic of abuse of drug forfeiture laws across the country. In some jurisdictions, such as Tenaha, Texas, authorities set up what amount to shake down operations, using laughable pretexts (such as "driving too close to the white line") to stop vehicles passing through on a major highway and seizing money, valuables including jewelry off women's fingers, cell phones from kids, but never filing charges for anything. Money was seized from hundreds of innocent people, including a family on their way to pick up a used car they had bought, and a restaurant owner on his way to an auction to buy equipment for a new restaurant he was trying to set up. It is very clear that drug forfeiture has turned into a big business that funnels large amounts of money, some from actual drug dealers but a lot from innocent people, into the law enforcement/"war on drugs" machine.

Here in Georgia, a county DA has been found using forfeiture money to buy a SUV for the personal use of his office manager, to pay her $90,000 (in addition to her actual salary) to transcribe a few court documents (a rate vastly over what actual court stenographers charge), and to take her along on dubious business trips to Hawaii. The case was exposed by a local reporter, because there is no official oversight on how forfeiture money is spent.

The system is inherently corrupting, and stinks to high heaven.

Don
_____________________________________
Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)

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