Another Botched SWAT no knock

[mrsleeve]

At least no one died this time. Cops in Kalamazoo MI didnt bother to double check an address before kicking in the back door, terrorizing a young family and ransacking their home in front of a 7 and 8 year old with the parents cuffed in front of the kids as well . Why is it so hard to do a little research on address or person before getting a WARRANT that authorizes NO KNOCK authority. WTF is really all I have to say about this....

http://www.wwmt.com/shared/news/features/top-stories/stories/wwmt_swat-raid-kalamazoo-turns-up-emptyhanded-frightens-family-20656.shtml#.U2xs4VdN05j

KALAMAZOO, Mich. (NEWSCHANNEL 3) - A SWAT team raids a Kalamazoo family home looking for drugs, but turns up empty handed.

It happened last Thursday at a house on Southworth Terrace.

Two young children were home at the time.

Their parents tell us, police made a mistake, and now they're left to cope with the trauma.

The family tells Newschannel 3 the man police were looking for, was renting the home nearly a year before they moved in, and they're upset police didn't do their homework before busting through their door.

"I thought it was somebody either trying to rob us, or hurt us," said Jeremy Handley.

Handley tells us after the KDPS SWAT team busted through his back door, he and his wife Becky were handcuffed and searched.

"He had me sprawl out right here on the floor, and then he had me put my hands behind my back," said Handley.

And Handley's two children, ran and hid in a bedroom closet.

"We were staying quiet, because we thought they were bad guys coming in," said 7-year-old Brenden Handley.

And your kids could see you the whole time? "My kids were sitting on that bed after they got them out of the closet," said Becky Handley.

Jeremy tells us police then ransacked his home. "Every drawer, every cabinet, every piece of paper."

According to the search warrant, police were looking for cocaine, drug money and guns.

Who did they say they were looking for? "A man named Chum is all I remember," said Handley.

"Do you know this Chum guy?" we asked.

"No, I would never recognize him if I were to see him in the street," said Handley.

After nearly three hours, Becky says police turned up empty handed, and showed us the document they left to prove it.

"They apologized at the end of interviewing me," said Becky Handley.

Police gave Handley's children some stuffed animals, but he says they haven't stopped the nightmares.

"One dream was about Chum coming in our house with a gun, saying get on the ground," said 8-year-old Aurora Handley.

Jeremy tells us he doesn't want his kids to be afraid of police, and is hoping they'll provide a new door and counseling for his traumatized family.

"It made me sad and scared," said Aurora.

Police tell us they can't comment about the details of the raid because it's an ongoing investigation.

We're told the Chief of Police will be reaching out to the family.

[einhander]

Shameful.

[Exodus_2pt0]

Sorry and stuffed animals?

How about accountability and unpaid time off. Or better yet, fire the dickhead who made that call.

[Roysneon]

Shameful.

Yes

Sorry and stuffed animals?

How about accountability and unpaid time off. Or better yet, fire the dickhead who made that call.

Yes

Sleeve and I agree here.

WTF

[LSM3]

Shitty situation. Unfortunately when humans are involved, mistakes happen. That goes with ANYTHING. How many warrants are served during the year? Tens of thousands? Hundreds? Sadley, of course mistakes will happen. Doctors make mistakes during operations...do we stop operations? Planes crash....do we stop flying? No. You hold people responsible for the mistakes made and move on. Do you think Police officers are perfect? I laugh at some of these posts because its SO obvious the anti-police overtones. I wish we all were as perfect as some of the posters on here.

Dont get me wrong. The police made a terrible mistake and should be held accountable. But its a MISTAKE. Its not like it was purposeful or with malice.

[ST1G]

Shitty situation. Unfortunately when humans are involved, mistakes happen. That goes with ANYTHING. How many warrants are served during the year? Tens of thousands? Hundreds? Sadly, of course mistakes will happen. Doctors make mistakes during operations...do we stop operations? Planes crash....do we stop flying? No. You hold people responsible for the mistakes made and move on. Do you think Police officers are perfect? I laugh at some of these posts because its SO obvious the anti-police overtones. I wish we all were as perfect as some of the posters on here.

Don't get me wrong. The police made a terrible mistake and should be held accountable. But its a MISTAKE. Its not like it was purposeful or with malice.

Doctors make mistakes, they are sued and have malpractice insurance.

Pilots make mistakes and airlines pay victims, plane manufactures are sued.

State governments are protected by the 11th amendment, so it's difficult for a family like this to get a remedy.

County and city government agencies aren't protected under this amendment and can there for have torts brought against them.

The officer(s) who made the mistake can be held liable for their actions. Since the police arrested (detained) the wrong people they lose their qualified immunity protection and there for a tort can be brought against them.

A reasonable person checks the address prior to even knocking on the door, let alone knocking it in with a hammer, detaining the residents, and riffling through the house.

[LSM3]

Doctors make mistakes, they are sued and have malpractice insurance.

Pilots make mistakes and airlines pay victims, plane manufactures are sued.

State governments are protected by the 11th amendment, so it's difficult for a family like this to get a remedy.

County and city government agencies aren't protected under this amendment and can there for have torts brought against them.

The officer(s) who made the mistake can be held liable for their actions. Since the police arrested (detained) the wrong people they lose their qualified immunity protection and there for a tort can be brought against them.

A reasonable person checks the address prior to even knocking on the door, let alone knocking it in with a hammer, detaining the residents, and riffling through the house.

Dear Jesus there are SO many wrongs here.

This might sound crazy but Police Departments have insurance as well and they are sued often. So just they have a liability just like doctors and airlines.

State governments and their entities (such as a State Police) are often sued and often settle prior to official adjudications. THEY PAY OUT EVERY DAY. Its actually VERY easy to sue a state entity. In CA you can do it in small claims court.

Detainment is NOT an ARREST. They ARE NOT THE SAME THING. Please stop typing this cause it is COMPLETELY WRONG.

The article states that the address was the last known address of the person whom they were searching for. Its reasonable to think that they person still may be there.

The police failed in double and triple checking who actually lived at that residence. They could of put a bit of surveillance on the home or made a stop on the vehicle of one of residents (PC being traffic related) and identifying the driver and going from there.

They fucked up and the officers should be held responsible professionally and the department financially.

The crappy part for them is that they apologized and tried to comfort the children with toys. yet you guys still talk shit. What else cold they do at that point? The mistake was made. If they would have walked out without apologizing and TRYING to comfort the children you guys would STILL be talking shit.

They ADMIT to their mistake, actually apologize and try to comfort the children and you guys mock them. You guys are SO jaded its not even funny.

Again if EVERYONE was as perfect as some of the people on here the world would be a much better place.

I know I am not perfect and I try to see other people/groups in that light as well. If its malicious thats one thing. If its a mistake thats another

[blusylver]

this happened to my aunt and uncle in modesto, CA. they were arrested and held for 47 hours. when the police FINALLY realized they had the wrong house they just let them go and said sorry. they have 3 kids 9, 13 and 15.

my aunt and uncle who were struggling to make ends meet financially prior to this, well its safe to say they no longer have to struggle to get by.

[ST1G]

Dear Jesus there are SO many wrongs here.

This might sound crazy but Police Departments have insurance as well and they are sued often. So just they have a liability just like doctors and airlines.

State governments and their entities (such as a State Police) are often sued and often settle prior to official adjudications. THEY PAY OUT EVERY DAY. Its actually VERY easy to sue a state entity. In CA you can do it in small claims court.

Detainment is NOT an ARREST. They ARE NOT THE SAME THING. Please stop typing this cause it is COMPLETELY WRONG.

The article states that the address was the last known address of the person whom they were searching for. Its reasonable to think that they person still may be there.

The police failed in double and triple checking who actually lived at that residence. They could of put a bit of surveillance on the home or made a stop on the vehicle of one of residents (PC being traffic related) and identifying the driver and going from there.

They fucked up and the officers should be held responsible professionally and the department financially.

The crappy part for them is that they apologized and tried to comfort the children with toys. yet you guys still talk shit. What else cold they do at that point? The mistake was made. If they would have walked out without apologizing and TRYING to comfort the children you guys would STILL be talking shit.

They ADMIT to their mistake, actually apologize and try to comfort the children and you guys mock them. You guys are SO jaded its not even funny.

Again if EVERYONE was as perfect as some of the people on here the world would be a much better place.

I know I am not perfect and I try to see other people/groups in that light as well. If its malicious thats one thing. If its a mistake thats another

Okay, so maybe they weren't 'arrested' but three hours to sort out that they were the wrong people? Seems unreasonable to me. False imprisonment/detainment can occur without an arrest.

I'm not sure if you've read the 11th amendment, but it bars suits against states. Hans v. Louisiana goes on to include citizens of the state.

The Stripping Doctrine is used to get around the 11th amendment when officers of the State act illegally.


I don't doubt that police departments have insurance for these kind of things.

[cale]

this happened to my aunt and uncle in modesto, CA. they were arrested and held for 47 hours. when the police FINALLY realized they had the wrong house they just let them go and said sorry. they have 3 kids 9, 13 and 15.

my aunt and uncle who were struggling to make ends meet financially prior to this, well its safe to say they no longer have to struggle to get by.

Sounds believable, them having kids is relevant because? :roll:

[Farbin Kaiber]

Because the children were traumatized and may now feel that even their parents cannot protect them even when nothing is being done wrong.

[Roysneon]

If I was locked up wrongfully I'd be fucking mad, but I'd trust everything would probably wash out and it's just a pretty major minor inconvenience. If I had three kids at home and my wife and I were wrongfully locked away for two days, it would be completely different.

Not everyone is a lone ranger cowboy like Cale.

[cale]

Couldn't be at ALL that they're trying to gain sympathy huh? Journalists don't interview children to get facts, they do so to tug at heartstrings. Congrats on drinking the juice.

[mrsleeve]

LSM:

A NO KNOCK warrant requires lots of special protocols and EXTRA vetting with lots of PROOF shown to the issuing judge, that is over and above what is required for a NORMAL search warrant also must be show why the situation might be dangerous enough that a NO KNOCK is necessary. A normal search warrant, you know the kind where the cops come at a normal hour and knock on the door and show you the documentation then allow you an opportunity to comply with out the use of a SWAT team late at night or in the wee hours of the morn, hand cuffs and beat down tactics...

Thats why this is such a big fucking deal................................. A simple drive past the home or some basic recon of this home would show the suspect they were looking for NO LONGER LIVES THERE. The type of basic police work that is REQUIRED OBTAIN A NO KNOCK. So either the Cops just pencil whipped the paper work necessary or the judge looked the other way....... Either way this is NOT A GOOD THING and why this whole situation is FUBARed. Your defense that cops make mistakes and should be given a pass is bit more disturbing than the cops terrorizing a young family

[Exodus_2pt0]

There is no excuse for what happened here. Yes people make mistakes, but some mistakes should NOT happen.

I don't think I need to voice a huge WHAT if in reference to home defense in this situation, but that "what if" is why this mistake is inexcusable.

Reminds me of the Marine who didn't even take a shot, but was gunned down in a no knock warrant at the wrong house.