No-Knock Drug Search on Wrong House?

[Limitedslip7]

Hypothetically speaking, if the local drug task force were to serve a no-knock warrant on your house instead of the drug dealers next door, what would your legal options be? Lets say they busted down the back door and drug you out of bed at gunpoint before realizing you were not a black guy from Detroit. Lets also assume that they really fucked up somehow and put your address on the warrant instead of the house next door where the controlled buy actually went down.

Opinions? If this were to happen to you, who would be a good lawyer to call?

[Helmutt]

This happened to my cousin. He'd never done any type of drug in his life and local police got him mixed up with someone else, kicked in his front door, hauled him off to jail for a weekend. He sued the city for defamation of character among other charges ( not sure what all he sued for ). He got enough settlement to payoff his truck and home, so it CAN be a substantial amount.

If they never hauled you off, I'm not sure. I'd say you should at least go for damages against them.

Seems like your police dept needs to pay attention to details.....like actual addresses, names, and ethnicity

Edited February 25, 2013 by Hellmutt

[imprez55]

Since many people have been killed by the police for a circumstance exactly as you describe, I would have to say you have the legal options of fuck-all.

Man who though his house was being broken into.

Marine who had a legitimate search warrant on his house but overreaction again.

And I will see if I can find another one that is currently sticking out in my mind.

Edit: This is the marine case I was originally thinking of.

And this one is just another cherry in the "planting evidence" and "botched no-knock warrant" cake.

Edited February 25, 2013 by imprez55

[Gump]

Pick up the phone book. Say nothing, sign nothing, take pictures, go to the doctor, and get a lawyer and bring down the hammer of law on the retards. You'll get paid. I'd get an out of county/town lawyer.

Edited February 25, 2013 by Gump

[82packer]

Never really thought about it. If the dogs detected something strange and we get to a gun before things were sorted out it could get ugly really quick. With adrenaline pumping someone might get hurt.

[Bitani]

Never really thought about it. If the dogs detected something strange and we get to a gun before things were sorted out it could get ugly really quick. With adrenaline pumping someone might get hurt.

I wonder if the whole castle/stand your ground laws would hold in any way if the person really was COMPLETELY innocent and had no reason to have their house broken into?

[82packer]

My thinking is no matter how perfect a citizen you are, once an investigation was completed that you would be guilty of something.

[John]

lol dominos can find the right house but "highly trained" police departments cant.

there would be no accountability. they'd sweep it under the wrong and admit to no mistakes or wrongdoing. someone would probably get a paid vacation out if the deal. then they'd just go do it again somewhere else. and anyone who knew what the problem really was, and who's fault it was would just lie to cover for their buddy.

Edited February 25, 2013 by John

[Tigerpaw]

I wonder if the whole castle/stand your ground laws would hold in any way if the person really was COMPLETELY innocent and had no reason to have their house broken into?

Always defend your family

but...

if you shoot an officer, I'm positive the rest will react. With bullets.

[cOoTeR]

Hypothetically speaking, if the local drug task force were to serve a no-knock warrant on your house instead of the drug dealers next door, what would your legal options be? Lets say they busted down the back door and drug you out of bed at gunpoint before realizing you were not a black guy from Detroit. Lets also assume that they really fucked up somehow and put your address on the warrant instead of the house next door where the controlled buy actually went down.

Opinions? If this were to happen to you, who would be a good lawyer to call?

I'd call a few lawyers don't go cheap. Also remember the words emotional distress, nightmares, paranoia, PTSD. Sounds like a violation of the 4th amendment. This will go all the way up to whomever approved the warrant.

[Radio Flyer]

Sam Shamansky

[JackFlash]

My thinking is no matter how perfect a citizen you are, once an investigation was completed that you would be guilty of something.

TV News: City police raided a Dirtwater home early this morning. Two adults were taken into custody and two small children turned over to children's services. Guns and ammunition were confiscated along with a small amount of cash. The suspects were suspected of littering. Film at eleven.

[Gump]

I know a guy who might take your case.

[redkow97]

The police are generally protected from "good faith" mistakes.

Being at the wrong address may qualify, if the screw up was earlier in line, on the warrant, or the person they're looking for USED TO live there.

Bar exam in 45 minutes. Now I feel the need to review crim pro...

[Scruit]

I know of a case where a typo on the search warrant meant that it was expired by the time they served it (The warrant was "good for one calendar month from date of issuance", but the date was accidentally written as november 25th instead of december 25th) The raid went down 5 minutes after the warrant "expired". While searching the attic one of the officers put his foot through the ceiling, causing hundreds of dollars in damage. After turning over the entire house they left empty-handed. The raid was triggered by a burglar (who had robbed the same house earlier in the day) telling the police that he had found guns in the home while burglarizing it. That was not true.

Burglar faced no charges related in to claim of guns. The police faced no action relating to the expired warrant, the damage to the house or the raid of an innocent burglary victim. The burglary/raid victim was unable to find a single lawyer who would take on the case, every one advised they drop it or face police retaliation.

Innocent family, burgled on christmas day, raided by the police the same afternoon, left with a damaged house, a distrust of the police and no ability to do anything about it.

[John]

Always defend your family

but...

if you shoot an officer, I'm positive the rest will react. With bullets.

Yup definitely. Your only saving grace is that cops are like storm troopers and usually suck at shooting... you may get lucky and only catch one in the leg from the 73 rounds they fire.

The other thing too, they should announce themselves so that you know its police. But if they didnt announce themselves, do you really think any of them would admit that in court?

Edited February 26, 2013 by John

[cOoTeR]

The police are generally protected from "good faith" mistakes.

Being at the wrong address may qualify, if the screw up was earlier in line, on the warrant, or the person they're looking for USED TO live there.

Bar exam in 45 minutes. Now I feel the need to review crim pro...

Kicking in the neighbors door at night and dragging them out of bed is not good faith. The police that were doing the investigation were neglectful in their duties if they used the wrong address. The police serving the warrant that had nothing to do with the investigation would be acting in good faith because they are going off information given to them. If a cop buys narcotics from someone in a red car but then tells the other officers that it was a green car that would be neglectful. Also don't know about local and state but federal warrants are required to be served between 6am-9pm at a reasonable time unless there are exigent circumstances.

[Scruit]

Yup definitely. Your only saving grace is that cops are like storm troopers and usually suck at shooting... you may get lucky and only catch one in the leg from the 73 rounds they fire.

The other thing too, they should announce themselves so that you know its police. But if they didnt announce themselves, do you really think any of them would admit that in court?

It's a difficult situation. Home invaders have been known to shout "police" as they enter a home to make people passive. Just like people will use ex-police cars to pull their victims over and rob/rape them.

Yes, if you shoot a cop who is entering your home for a raid then you will most likely be shot in response, as will anyone else in your home (assuming it's a stick-built house, not brick). If you don't get killed you'll be in jail awaiting trial for murder, and very likely convicted. Unless you have CCTV with audio to disprove it, they will all claim they shouted POLICE over and over clearly and audibly. Even if they DID, how do you know you're not a victim of a home invasion and these people are just yelling police?

I guess it comes down to the question of "Are you doing anything that would make the police raid your house?" If you are cultivating marijuana, dealing drugs or running a fencing operation then there's it's probably safe to assume that the folks barging in through your door ARE the police, and any armed resistance using the "I thought they were home invaders" defense will get you locked up for long enough that you'll be drawing a pension when they release you. If they ever do.

If you are not breaking any laws and have no reason to suspect the police would ever raid your home then you MIGHT be forgiven for fighting back until it was clear they were the police, but that would be after a trial that has cost you your home and about a year in jail awaiting trial.

I've seen firsthand footage of many raids in the last few days, particularly the original entry through the door, and my advise would be to have a door that is much strong and more reinforced than it looks. If there is any obvious reinforcement then the police/robbers will come prepared. If they think your door is just going to be a regular door (one hit with the ram and they're in) then they're only going to use the ram. If it turns out they need several hits with the ram then you have time to organize your response. Look outside - are there any police vehicles? Flashing lights? Are they dressed in full swat gear with shields, or just shirts? Are they in uniform?

The stronger you make that door, the longer you have to think. I've seen it take 15-20 hits with a ram before giving up on a door and gaining entry through a window. Call 911 and report a home invasion - they will be able to tell you if they are the real police, and it provides you with evidence that you didn't know it was police if the dispatchers can't confirm them to be police.

I have also noticed that a lot of the time the announcement of "POLICE" doesn't happen until the door is breached - all the time the door is being battered there's no indication that it is the police. I would have a hard time, on a jury, convicting someone of shooting through the door if the door was clearly being breached by a battering ram and there's no announcement of "POLICE" (but, they will all say they DID announce)

There is no way to win this.

Cops + Shoot = dead or jailed

Cops + No shoot = they realize their mistake and you are safe (or they maybe plants drugs on you - it HAS happened)

Robbers + Shoot = gunfight

Robbers + No shoot = They rob / rape / kill people in the house.

[Sapphy]

police retaliation.

That sums it up right there.

[Cheech]

The police are generally protected from "good faith" mistakes.

Being at the wrong address may qualify, if the screw up was earlier in line, on the warrant, or the person they're looking for USED TO live there.

Bar exam in 45 minutes. Now I feel the need to review crim pro...

Seriously man, good luck!

[Cheech]

Kicking in the neighbors door at night and dragging them out of bed is not good faith. The police that were doing the investigation were neglectful in their duties if they used the wrong address. The police serving the warrant that had nothing to do with the investigation would be acting in good faith because they are going off information given to them. If a cop buys narcotics from someone in a red car but then tells the other officers that it was a green car that would be neglectful. Also don't know about local and state but federal warrants are required to be served between 6am-9pm at a reasonable time unless there are exigent circumstances.

The term that you're looking for is called "qualified immunity". If you can prove that there was gross (and I mean GROSS) negligence in obtaining that warrant, like in the Atlanta example above that the cops told each other to memorize a story that they all witnessed a deal going down on the property of the victim, that's gross negligence. It's a pretty high bar to prove in court, made even higher with the influence of the police unions and the "blue wall".

Basically, the creep of qualified immunity coupled with the increasing militarization of the police and the "civilian vs. officer" mentality is exactly what's wrong with American law enforcement.

OP, to answer your question, you call up the Bar Association and you ask for a referral. You most certainly do NOT pluck a random number out of the phone book.

[cOoTeR]

The term that you're looking for is called "qualified immunity". If you can prove that there was gross (and I mean GROSS) negligence in obtaining that warrant, like in the Atlanta example above that the cops told each other to memorize a story that they all witnessed a deal going down on the property of the victim, that's gross negligence. It's a pretty high bar to prove in court, made even higher with the influence of the police unions and the "blue wall".

Basically, the creep of qualified immunity coupled with the increasing militarization of the police and the "civilian vs. officer" mentality is exactly what's wrong with American law enforcement.

OP, to answer your question, you call up the Bar Association and you ask for a referral. You most certainly do NOT pluck a random number out of the phone book.

I was responding to another's post as seen by the quote I used and explaining how it was more than them acting in good faith. Sorry I didn't use terminology that was exact to convey my point that it was more than an honest mistake. But no I was not looking for the term qualified immunity.

[John]

Basically, the creep of qualified immunity coupled with the increasing militarization of the police and the "civilian vs. officer" mentality is exactly what's wrong with American law enforcement.

thank you war on drugs.

[bobtheelder]

I'd sue everyone involved individually and collectively.

Get a GOOD lawyer and ask for the moon!

Doesn't really matter what they find, they didn't have an accurate warrant so it would be inasmissable I'm thinking