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Shellback
06-08-2011, 09:36 AM
Interesting article with video (http://www.news10.net/news/article/141072/2/Dept-of-Education-breaks-down-Stockton-mans-door) detailing what could happen if you don't pay your student loans.

Kyle Reese
06-08-2011, 09:42 AM
Reason #598 I'm thankful for funding my own education over the years, as well as using the post 9/11 GI Bill.

ToddG
06-08-2011, 11:00 AM
Something's fishy. You don't get a warrant for defaulting on loans and you don't get a no-knock warrant to arrest someone without some indication there is an imminent threat on the other side of the door. It's not like the suspect could be destroying evidence of the loan...

Kyle Reese
06-08-2011, 11:08 AM
Something's fishy. You don't get a warrant for defaulting on loans and you don't get a no-knock warrant to arrest someone without some indication there is an imminent threat on the other side of the door. It's not like the suspect could be destroying evidence of the loan...

Sounds like there's a substantial part of the story missing, as usual with the MSM.

Shellback
06-08-2011, 11:16 AM
Something's fishy. You don't get a warrant for defaulting on loans and you don't get a no-knock warrant to arrest someone without some indication there is an imminent threat on the other side of the door. It's not like the suspect could be destroying evidence of the loan...

It was an odd story and that's why I posted it. I thought someone else might have some more detailed info on this particular incident or at the least have a better idea of procedures that would take place prior to something like this happening.

LittleLebowski
06-08-2011, 11:18 AM
There's quite a bit of SWAT callouts nowadays that we never would have believed even 10 yrs ago. It might be nothing more than the team needing training, who knows?

We'll know more if there's a lawsuit over this.

Shellback
06-08-2011, 11:22 AM
There's quite a bit of SWAT callouts nowadays that we never would have believed even 10 yrs ago. It might be nothing more than the team needing training, who knows?

This article from 2006 states that there are over 100 SWAT raids per day in the U.S. http://www.foxnews.com/story/0,2933,205040,00.html and goes on to say that there are over 40,000 conducted a year. I have no idea if that's an accurate count or not.

Shellback
06-08-2011, 11:27 AM
I gotta run but there are 16 articles relating to the same topic.

http://news.google.com/news/story?hl=en&biw=1345&bih=622&q=kenneth+wright+stockton+swat+raid+student+loan&um=1&ie=UTF-8&ncl=dB4az6kSH3iwuxMKPw7YtFPPcr_GM&ei=lKLvTcOZCejg0QGx8JiIDQ&sa=X&oi=news_result&ct=more-results&resnum=1&ved=0CCYQqgIwAA

Dropkick
06-08-2011, 11:33 AM
Student loans usually have the lowest interest rates around. Financially, you have every reason to take your time paying them off (as long as you keep paying.)

Kyle Reese
06-08-2011, 11:35 AM
Just a gentle reminder to all- while the free exchange of ideas & discussion in relation to this topic is encouraged, please refrain from turning this into an anti LE thread.

Your cooperation is greatly appreciated. :cool:

TCinVA
06-08-2011, 01:14 PM
If I read the article right it makes it sound as if the Department of Education has a SWAT team that served the warrant. Practically every federal agency has an OIG that has at least a couple of armed agents, but a SWAT team? Sounds fishy.

Reporters are terrible about details...and in this type of event details matter.

SCBradley
06-08-2011, 02:36 PM
http://voices.washingtonpost.com/answer-sheet/education-secretary-duncan/ed-department-buying-27-shotgu.html

Dept of Ed ordered 27 shorty 870's last year. I couldn't find anything about them having dedicated SWAT, but they have the authority to serve warrants and are apparently suitably equipped.

ToddG
06-08-2011, 02:49 PM
I can't speak to the Dept of Ed, but let's take another agency I'm very familiar with, the U.S. Postal Inspectors. Do you think the Post Office cops need heavy firepower? I chuckled the first time they talked to me about their SWAT teams and their MP5s.

Then they were able to show me countless cases in which their team had dealt (successfully) with drug dealers, kiddie porn wholesalers, etc. who were well armed and willing to use guns to avoid prison. You know, like... criminals. They sent their team on one callout because the suspect was known to have emotional problems, guns, and a habit of mixing the two with other substances. Sure enough, he became a lethal threat almost immediately upon their approach even though he was "only" engaging in non-violent distribution of kiddie porn.

Without speaking to the specific instance raised by the OP (I've already said the story sounds very fishy), I see nothing odd about LEOs carrying guns. If they're sent to deal with criminals who are facing prison sentences, regardless of the crime, they're being sent into potentially dangerous circumstances.

I'm sure there are LEOs on this forum who could tell no end of stories about (a) ultra-violent type criminals who surrendered immediately upon being approached by a cop and (b) white collar-esque criminals who resorted to force to avoid apprehension. Telling a cop he doesn't need access to a shotgun because he's not likely to face "violent" criminals is like telling a homeowner he doesn't need access to a gun because most burglars will run when discovered...

TCinVA
06-08-2011, 02:59 PM
Knowing that reporters are frequently guilty of referring to everything from a Red Ryder BB gun up to an AR-15 as an "AK-47", and that a Marlin .30-30 is often referred to as a "sniper rifle", it's entirely possible that a few people in windbreakers and body armor serving a warrant could be termed a "SWAT team".

LittleLebowski
06-08-2011, 03:22 PM
I do not think SWAT teams should be serving warrants for debts. If this is indeed the case, it is very troubling. I don't think an entity that loans money should have its own police force for debt collection.

We don't know the details yet. I have a feeling they will come to light.

Ray Keith
06-08-2011, 03:51 PM
There's quite a bit of SWAT callouts nowadays that we never would have believed even 10 yrs ago. It might be nothing more than the team needing training, who knows?

We'll know more if there's a lawsuit over this.

In my neck of the woods, there are frequent SWAT call outs for budget purposes, with accompanying important observers... who enjoy flash-bangs...

SecondsCount
06-08-2011, 04:11 PM
The fishy thing about this story is that the guy said that they spent six hours in the back of a squad car. Really?


....

Then they were able to show me countless cases in which their team had dealt (successfully) with drug dealers, kiddie porn wholesalers, etc. who were well armed and willing to use guns to avoid prison. You know, like... criminals. They sent their team on one callout because the suspect was known to have emotional problems, guns, and a habit of mixing the two with other substances. Sure enough, he became a lethal threat almost immediately upon their approach even though he was "only" engaging in non-violent distribution of kiddie porn.

...

My Brother-In-Law is missing fingers on one had due to being shot while serving a warrant on a similar crime. His partner was killed in the same raid. Although it seems like SWAT was a little over the top for the student loan case, the reason he was injured was because they were not prepared for the criminal.

jlw
06-08-2011, 04:27 PM
So..........., who is telling the reporters that this is all from a student loan case?

Does the mainstream news media typically provide fair and ACCURATE information when if comes to firearms? If your answer is no, why would you give credence to a media piece along these lines?

I'm betting there is criminal investigation into behind whatever happened and that this isn't a case involving failure to pay a student loan.

Not paying your student loans results in a Deputy United States Marshal serving you with a subpoena to civil court. It doesn't result in the OIG executing a search warrant of your residence.

John Hearne
06-08-2011, 04:50 PM
I attended Firearms Instructor School with a SA from Dept of Education OIG (Office of Inspector General). During the two weeks, I politely asked him what he did. It turns out that Uncle Sam gives away a lot of money in the form of student loans. Shockingly, some people lie to get loans or more importantly, set up fake beauty schools, truck driving schools, etc. and then fake student loan applications.

This particular agent was based in New Orleans and explained that none of the fraudulent schools were in the nice part of town - think trolling through the Ninth Ward. If there were agents serving a search warrant, it sure wasn't for a bad student loan. I'm thinking criminal fraud at a level that passed the guide lines setup by the U.S. Attorney's Office. (To understand these guidelines, I can tell you that 27 grams of methamphetamine, a fair bit, is not enough to get an intent to distribute charge hung on someone)

The whole story is very suspect as the only witness was the boyfriend or husband of the suspect. There are not photos of a SWAT team, and I suspect that several agents in raid jackets and body armor served the warrant.

I know that he is a lying based on his statement that he sat in the back of the patrol car, handcuffed, for six hours over "nothing." The ability of agents to detain a house occupant during a search warrant for a non-violent crime has already been tested. The result was the IRS paying a lot of money. Those agents work under very clear guidelines that would not let them do that unless he was aggressive or had a history of violence.

Shellback
06-08-2011, 06:08 PM
http://www.politico.com/news/stories/0611/56530.html



The Education Department is confirming that its inspector general authorized a raid on a California home on Tuesday, but says the officers were conducting a criminal probe — not pursuing a woman because she could not pay her student loans, as has been reported...


“While it was reported in local media that the search was related to a defaulted student loan, that is incorrect. This is related to a criminal investigation,” he said. “The Inspector General’s Office does not execute search warrants for late loan payments.”

jlw
06-08-2011, 08:01 PM
Anybody else find it curious that the media outlets didn't go to the courthouse and review the warrant affidavits? Warrant affidavits are open record by the way. It takes a specific application to seal them, and getting a warrant affidavit sealed is not an easy task.

Kyle Reese
06-08-2011, 10:25 PM
Anybody else find it curious that the media outlets didn't go to the courthouse and review the warrant affidavits? Warrant affidavits are open record by the way. It takes a specific application to seal them, and getting a warrant affidavit sealed is not an easy task.

Doing so would require actual research and a modicum of journalistic integrity. Much easier to simply slather the headlines with sensationalist drivel these days...

LittleLebowski
06-09-2011, 12:02 PM
The warrant (http://www.news10.net/news/pdf/Ed-dept-Wright-warrant-060711.pdf)

Despite what the DOE said about "white collar crime," it looks like the raid really was all about student loans.

ToddG
06-09-2011, 12:19 PM
What the warrant says is that they had probable cause to believe the resident named in the warrant was producing falsified student loan claims to get money from the government for (probably non-existant) people who are not actually enrolling in a school.

So while technically it's about student loans, it's about fraudulent loans not defaulted loans. It's like the difference between failure to repay a loan at your bank and robbing your bank.

LittleLebowski
06-09-2011, 12:23 PM
I still saw nothing in the warrant that detailed what necessitated a raid.

Kyle Reese
06-09-2011, 12:23 PM
Another poorly researched sob story concocted by our illustrious media.

Also, the level of force used to execute the warrant depends on many factors. Do we know what priors this person had?

ToddG
06-09-2011, 12:29 PM
I still saw nothing in the warrant that detailed what necessitated a raid.

The affidavit supporting the warrant wasn't reproduced, so it's impossible to say one way or the other.

LittleLebowski
06-09-2011, 12:33 PM
Learning has occurred! Didn't know that about affidavits.

jlw
06-09-2011, 12:44 PM
One more time, the Department of Education Office of Inspector General is not involved in the collection of unpaid student loans. Unpaid student loans are a civil issue that are handled in civil court, and the subpoenas for said court are served by Deputy United States Marshals.

The DOE OIG does investigate cases involving fraud and embezzlement of federal education dollars.

Therefore, since this was the DOE OIG this was part of a CRIMINAL investigation and is NOT a civil case involving unpaid loans.

Also note that the same sources asserting that his was a SWAT raid are the very same sources that are FALSELY asserting that this was all about student loans. As such, the claims that this was a SWAT raid and not a simple warrant execution are not credible.

LittleLebowski
06-09-2011, 12:48 PM
I'm not sure if there's much difference between a SWAT raid and a SWAT style raid. That being said, this has generated enough of a furor that the truth should come out. Personally, I think they overdid it for a fraud investigation but maybe the guy is dangerous despite having a supposedly clean record.

Shellback
06-09-2011, 12:48 PM
I apologize for possibly jumping the gun and starting this thread, when the reporting is definitely lacking, but I've also learned a bit on the way so it wasn't a total loss.

ToddG
06-09-2011, 12:53 PM
I'm not sure if there's much difference between a SWAT raid and a SWAT style raid.

Spot on. Whether it was a trained SWAT team or just a bunch of guys in raid jackets with shotguns, the distinction will be lost on most folks. I know I wouldn't care much if they were coming through my door.

However, the other question that has to be raised now: was it actually a no-knock warrant? It seems like the source of the original info was the resident and he's already clearly lied about a number of things. So he could also have lied about them knocking his door in.

As for the presence of shotguns, is that something witnessed by the media or just a combination of what the lying resident said plus our knowledge that DOE has shotguns?

jlw
06-09-2011, 12:57 PM
The affidavit supporting the warrant wasn't reproduced, so it's impossible to say one way or the other.


Learning has occurred! Didn't know that about affidavits.

Unless a specific application was filed and granted to seal the warrant affidavit, it is available via a Freedom of Information Act request. This would be very simple for a media outlet wanting to produce an accurate report to do, but if they actually did that they wouldn't be air such a sensationalized story full of patent misinformation (lies).

LittleLebowski
06-09-2011, 12:59 PM
How do we know the resident was actually lying? From discrepancies between what he said and the warrant? Seems like an easy mistake to make considering what he and his kids went through.

As far as the weapons, I cannot find any mention of them. I did find a picture of his door after it was broken into.

As an American, I cannot fathom my government breaking down my doorto examine paperwork. Perhaps there's a reason that had to do a violent entry? We don't know yet.

http://www.news10.net/images/300/169/2/assetpool/images/110608023449_raid-door1-640.jpg

LittleLebowski
06-09-2011, 01:01 PM
What other lies can you positively identify in the story, jlweems?

I note that the resident is asking only for a new door and an apology.

jlw
06-09-2011, 01:06 PM
How do we know the resident was actually lying? From discrepancies between what he said and the warrant? Seems like an easy mistake to make considering what he and his kids went through.

As far as the weapons, I cannot find any mention of them. I did find a picture of his door after it was broken into.

As an American, I cannot fathom my government breaking down my doorto examine paperwork. Perhaps there's a reason that had to do a violent entry? We don't know yet.

http://www.news10.net/images/300/169/2/assetpool/images/110608023449_raid-door1-640.jpg


What other lies can you positively identify in the story, jlweems?

I note that the resident is asking only for a new door and an apology.


The resident repeatedly claimed this was all over unpaid student loans. That is patently false. It is a lie. Nothing else he says has credibility.

The reports are simply echoing his claims rather than doing a true investigation into the matter, an investigation that would be very simple for them to do. Those reports lack any credibility whatsoever.

jlw
06-09-2011, 01:07 PM
Also, the DOE has issued a statement confirming that the OIG was there as part of a CRIMINAL investigation.

LittleLebowski
06-09-2011, 01:11 PM
I think you're being a little harsh here. He said thought the raid was over his estranged wife's student loans in the story I read. The media is hosting a copy of the warrant and asked the DOE for comments on what happened.

It might be sloppy but I don't think "it's full of lies" and I can't find provably false assertions so far. Maybe I will be proven wrong and there will be justification for doing this forceful raid at 6AM on a house full of kids instead of simply showing up with a warrant and knocking, say during daylight hours.

LittleLebowski
06-09-2011, 01:16 PM
Also, the DOE has issued a statement confirming that the OIG was there as part of a CRIMINAL investigation.

Does that mean it was automatically classified as dangerous, hence the raid? Does that automatically involve the OIG?

I had always thought that non violent crimes didn't automatically necessitate a violent entry. Looks like a guy raising three kids by himself.

I'm trying to understand why. I know I'm speculating and I am happy to admit so. I do hope that anything speculative in this thread is noted as such.

jlw
06-09-2011, 01:18 PM
I think you're being a little harsh here. He said thought the raid was over his estranged wife's student loans in the story I read. The media is hosting a copy of the warrant and asked the DOE for comments on what happened.

It might be sloppy but I don't think "it's full of lies" and I can't find provably false assertions so far. Maybe I will be proven wrong and there will be justification for doing this forceful raid at 6AM on a house full of kids instead of simply showing up with a warrant and knocking, say during daylight hours.

I watched a broadcast media report. In it he repeatedly made the claim that his house was raided because his wife had not paid her student loans. The lead off line of the story was the anchor stating "got a wake up call that he shouldn't have gotten (paraphrase)".

The resident was waiving around a piece of paper. The close up shot clearly showed that is was from the DOE OIG. That piece of paper was the order portion of the search warrant. Odd that the reporter didn't go more in depth on it, and odd that neither the resident nor the media read the portions on air stating that the order was pursuant to a criminal investigation.

They chose to push the story line of it all being about unpaid student loans. That choice is to push a lie.

jlw
06-09-2011, 01:23 PM
Does that mean it was automatically classified as dangerous, hence the raid? Does that automatically involve the OIG?

I had always thought that non violent crimes didn't automatically necessitate a violent entry. Looks like a guy raising three kids by himself.

I'm trying to understand why. I know I'm speculating and I am happy to admit so. I do hope that anything speculative in this thread is noted as such.

Again, the sources claiming dynamic entry are also the same sources pushing the lie that this was all over student loans. Those claims have no credibility.

The OIG are simply criminal investigators that work for the DOE to investigate fraud and embezzlement cases. They are not some sort of super secret commando squad descended from the shadows.

We have no credible information as to the actual entry one way or the other. From the media information, it can't even be determined who made the actual entry into the residence. All we do know is that the OIG was there along with Stockton PD officers and deputies from the Sheriff's Office.

LittleLebowski
06-09-2011, 01:23 PM
Gotcha, I can't watch most of the streaming media files here at work, jlweems.

LittleLebowski
06-09-2011, 01:24 PM
Again, the sources claiming dynamic entry are also the same sources pushing the lie that this was all over student loans. Those claims have no credibility.

The OIG are simply criminal investigators that work for the DOE to investigate fraud and embezzlement cases. They are not some sort of super secret commando squad descended from the shadows.

We have no credible information as to the actual entry one way or the other. From the media information, it can't even be determined who made the actual entry into the residence. All we do know is that the OIG was there along with Stockton PD officers and deputies from the Sheriff's Office.

The door makes it slant toward dynamic entry in my book.

jlw
06-09-2011, 01:29 PM
The door makes it slant toward dynamic entry in my book.

Forcing a door and dynamic entry are not the same thing.


If the reporters and the resident lied about the reason for the entry, it isn't a stretch to believe that they lied about the manner of entry.

LittleLebowski
06-09-2011, 01:32 PM
I don't think it's as black and white as you believe. Like I said, hopefully we'll know more soon.

Shellback
06-09-2011, 01:34 PM
Forcing a door and dynamic entry are not the same thing.

Please elaborate on the differences.

jlw
06-09-2011, 01:35 PM
I don't think it's as black and white as you believe. Like I said, hopefully we'll know more soon.

I don't understand how anyone can lend any credence whatsoever to such a piece of misinformation.

If your mechanic told you a lie about repair work needing to be done to your car, would you continue to take your car to them?

LittleLebowski
06-09-2011, 01:45 PM
I don't understand how anyone can lend any credence whatsoever to such a piece of misinformation.

If your mechanic told you a lie about repair work needing to be done to your car, would you continue to take your car to them?

That's not an accurate comparison. If my mechanic had a third party listening to what he had to say with their own agenda, maybe it would be apt.

As it stands, there has been no reasoning offered for why they served the warrant in that manner other than it was a criminal warrant. Magna Carta, Constitution, "home is my castle," non violent crimes do not merit a violent response by gov't agents, you name it, I say that so far there's no reason why they couldn't have knocked at his door at a reasonable hour and given him time to vacate the premises with his children or arrange for babysitting. However, I believe you are saying that since regulations prohibit a suspect being kept in a car for that amount of time, that it couldn't possibly have happened, right? So maybe, he's lying about everything.

I will say that we don't know for certain how violent the raid was. According to you that since the resident said something that factually contradicted what the warrant read, he is a stone cold liar and we can't trust a single word he says. I disagree. I also continue to point out that we will probably get the truth of this given the reaction this has provoked.

Occam's Razor
06-09-2011, 01:48 PM
Please elaborate on the differences.

Forcing a door would be when you've made lawful notice and the resident simply refuses to let you in. Then a shoulder, kick, sledge, whatever was needed. Dynamic entry is usually a no knock situation, the door is breached, followed by an extremely fast entry team, sometimes preceded by a flash bang or other distraction device.

LittleLebowski
06-09-2011, 01:49 PM
From the news:


The Stockton Police Department said it was asked by federal agents to provide one officer and one patrol car just for a police presence when carrying out the search warrant.

ToddG
06-09-2011, 02:39 PM
We know the resident lied about the precursor to the warrant service.

We also have good reason to suspect, based on professional feedback in this thread, that his claim about being locked in a patrol car for six hours with his kids was untrue.

Sorry, but count me amongst the crowd that gives this idiot zero credibility about anything he says. He's proven that he will lie and exaggerate. The only facts that can be verified have been false. How anyone can possibly give any credence to anything he says is beyond me. Which leaves us with "Dept of Ed investigators served a warrant," and little else.

LittleLebowski
06-09-2011, 03:04 PM
I think there's true and fiction being bandied about. I don't think everyone is lying except for the DOE. Some stuff may be lies, some stuff may be sensationalized, and some may be true.

Hopefully we find out.

jlw
06-09-2011, 03:07 PM
Mr. Leboski,

It appears that you are determined to believe everything negative about this as possible even in the face of several key allegations having been shown to be patently false. I have tried to have a logical discussion with you, but that appears to be going nowhere; so, I choose to cease said discussion with you on this matter.

LittleLebowski
06-09-2011, 03:40 PM
Mr. Leboski,

It appears that you are determined to believe everything negative about this as possible even in the face of several key allegations having been shown to be patently false. I have tried to have a logical discussion with you, but that appears to be going nowhere; so, I choose to cease said discussion with you on this matter.

Sorry you feel that way (seriously). See you elsewhere on the forum

John Hearne
06-09-2011, 06:13 PM
As it stands, there has been no reasoning offered for why they served the warrant in that manner other than it was a criminal warrant. Magna Carta, Constitution, "home is my castle," non violent crimes do not merit a violent response by gov't agents, you name it, I say that so far there's no reason why they couldn't have knocked at his door at a reasonable hour and given him time to vacate the premises with his children or arrange for babysitting.

First, the fourth amendment doesn't say "you can't come in until I feel like it." It says that the government must convince a judge that there is probable cause to believe that evidence of a crime in contained at the place to be searched. The fourth amendment says that the searches have to be reasonable. The fourth amendment doesn't say that the government must serve the warrant in a way that doesn't hurt your feelings.

If you don't open the door, the agents don't go away. By law they are required to wait a reasonable time and then they can break the door. This is not a "violent response by gov't agent" but how search warrants are served. If you don't want your door forcefully opened, you open it yourself. This is serving it like a search warrant and not a criminal warrant.

Do you really expect them to come to work at 8:00, wait four hours, knock on the door at say noon, and then wait until the occupant of the residence finds a baby sitter? Maybe you've only been around honest people your whole life but he may just destroy evidence while everybody's patiently waiting for the baby sitter.

6:00 a.m. is generally considered the earliest that a warrant can be served and is entirely lawful. This is a long held standard of what is reasonable.

Shellback
06-09-2011, 06:34 PM
If you don't open the door, the agents don't go away. By law they are required to wait a reasonable time and then they can break the door. This is not a "violent response by gov't agent" but how search warrants are served. If you don't want your door forcefully opened, you open it yourself. This is serving it like a search warrant and not a criminal warrant.

What's considered reasonable time? I've seen quite a few raids that give the occupants approximately .5 seconds to open up and then the ram goes into play.

jlw
06-09-2011, 07:07 PM
I just read the what is purported to be the order portion of the warrant. For those that don't know, this is the portion that is to be left conspicuously at the place to be searched.

The order portion of the warrant CLEARLY indicates that the OIG was there investigating violations of FIVE federal criminal statutes.

The resident would have been given the order portion of the warrant. Presumably, this was the document he was waiving in front of the cameras. He knew why the OIG was there as it is evident on the document, and the media outlet had to know that they were airing a blatant falsehood.

http://www.news10.net/news/pdf/Ed-dept-Wright-warrant-060711.pdf

Coyotesfan97
06-09-2011, 07:13 PM
IIRC the courts have held reasonable time between the announcement and entry being forced isn't a set time but officers should judge the size of the structure and guesstimate the time it would take to walk from the farthest room to the front door. It might be a fairly small time for an apartment or much longer for a big house.

If you're doing a surround and call with PA announcements with no response from within you can ram the door open as soon as you reach it but we might PA and use several other noisemakers before the decision to approach and enter is made.

LittleLebowski
06-09-2011, 08:01 PM
Do criminal warrants automatically require violent entries? I note that Madoff stole a heck of slot more and never was subjected to this.

John Hearne
06-09-2011, 08:53 PM
Do criminal warrants automatically require violent entries? I note that Madoff stole a heck of slot more and never was subjected to this.

No they don't and there is no evidence here that there was a "violent entry." This wasn't a no-knock warrant. No flash bangs were thrown. We don't even know if anyone had a long gun. They knocked, they waited, they opened the door when nobody in the house would.

Here's a novel concept to consider. Suspects lie. The families of suspects lie. Maybe, just maybe, the guy is lying.

Coyotesfan97
06-09-2011, 10:11 PM
Do criminal warrants automatically require violent entries? I note that Madoff stole a heck of slot more and never was subjected to this.

LL a lot of SWAT teams are moving away from dynamic entries/clearing of structures and going with surround and callouts followed by a slow and deliberate search.

A surround and call is basically setting a perimeter around a house. You can use the PA on your fully marked armored car to make announcements ie residents of 123 Oak. This is the police. We have a search warrant. Come put with your hands up!

Our negotiators will call phone numbers if known. If there is no response diversionary devices can be thrown followed by PAs. Of it's known someone won't come put chemical agents might be introduced.


At some point we have to go inside. We might send a K9 in to search ahead of the entry team once the door is breached. Once the entry team goes in it's a slow search.

This is just a small synopsis of the tactic. It might be more or less intricate.

There isn't any question who you are. This is becoming the recommended way of serving warrants. My team has done it for years now.

ETA the only thing we use dynamic entries for is a hostage rescue.

Lon
06-09-2011, 10:15 PM
Having written a few warrants myself, I can tell you that sealing the affidavit is rather easy. In my AO, we seal the affidavit if we are not making an arrest when we serve the warrant. Once the person is formally charged, discovery rules require they be given the affidavit. If no arrest is made and the investigation is still ongoing, then we sealed the affidavit.

Asking for local agency assistance is common = marked patrol cars. Feds don't have em.

Lon
06-09-2011, 10:17 PM
LL a lot of SWAT teams are moving away from dynamic entries/clearing of structures and going with surround and callouts followed by a slow and deliberate search.

A surround and call is basically setting a perimeter around a house. You can use the PA on your fully marked armored car to make announcements ie residents of 123 Oak. This is the police. We have a search warrant. Come put with your hands up!

Our negotiators will call phone numbers if known. If there is no response diversionary devices can be thrown followed by PAs. Of it's known someone won't come put chemical agents might be introduced.


At some point we have to go inside. We might send a K9 in to search ahead of the entry team once the door is breached. Once the entry team goes in it's a slow search.

This is just a small synopsis of the tactic. It might be more or less intricate.

There isn't any question who you are. This is becoming the recommended way of serving warrants. My team has done it for years now.

ETA the only thing we use dynamic entries for is a hostage rescue.

THIS. My team switched to this last year. Evidence is not worth a human life, either good guy or bad guy.

jlw
06-10-2011, 07:02 AM
Having written a few warrants myself, I can tell you that sealing the affidavit is rather easy. In my AO, we seal the affidavit if we are not making an arrest when we serve the warrant. Once the person is formally charged, discovery rules require they be given the affidavit. If no arrest is made and the investigation is still ongoing, then we sealed the affidavit.

Asking for local agency assistance is common = marked patrol cars. Feds don't have em.

It must be different in your jurisdiction. Getting one sealed in this area is not an easy task.

Savage Hands
06-10-2011, 10:20 AM
LL a lot of SWAT teams are moving away from dynamic entries/clearing of structures and going with surround and callouts followed by a slow and deliberate search.

A surround and call is basically setting a perimeter around a house. You can use the PA on your fully marked armored car to make announcements ie residents of 123 Oak. This is the police. We have a search warrant. Come put with your hands up!

Our negotiators will call phone numbers if known. If there is no response diversionary devices can be thrown followed by PAs. Of it's known someone won't come put chemical agents might be introduced.


At some point we have to go inside. We might send a K9 in to search ahead of the entry team once the door is breached. Once the entry team goes in it's a slow search.

This is just a small synopsis of the tactic. It might be more or less intricate.

There isn't any question who you are. This is becoming the recommended way of serving warrants. My team has done it for years now.

ETA the only thing we use dynamic entries for is a hostage rescue.



I hope so, there seems to be too many people getting killed for not very good reasons.

LittleLebowski
06-10-2011, 11:14 AM
Hey, man! Where's that FAL range report :D

Appreciate the scoop. It makes all sorts of sense to me. I hope other depts follow suit.


LL a lot of SWAT teams are moving away from dynamic entries/clearing of structures and going with surround and callouts followed by a slow and deliberate search.

A surround and call is basically setting a perimeter around a house. You can use the PA on your fully marked armored car to make announcements ie residents of 123 Oak. This is the police. We have a search warrant. Come put with your hands up!

Our negotiators will call phone numbers if known. If there is no response diversionary devices can be thrown followed by PAs. Of it's known someone won't come put chemical agents might be introduced.


At some point we have to go inside. We might send a K9 in to search ahead of the entry team once the door is breached. Once the entry team goes in it's a slow search.

This is just a small synopsis of the tactic. It might be more or less intricate.

There isn't any question who you are. This is becoming the recommended way of serving warrants. My team has done it for years now.

ETA the only thing we use dynamic entries for is a hostage rescue.

DocGKR
06-11-2011, 03:41 AM
Coyotesfan97 is right on; surround and call-out makes a great deal of sense for the majority of many typical warrant services...

Coyotesfan97
06-11-2011, 04:55 AM
Hey, man! Where's that FAL range report :D

Appreciate the scoop. It makes all sorts of sense to me. I hope other depts follow suit.

Oh it's coming. Hope Nacho is being good.