Oops....my bad, sorry

[Norton]

This could have had a very bad outcome:

http://www.baltimoresun.com/news/local/annearundel/bal-te.ar.raid08jun08,0,7646124.story
From the Baltimore Sun

Wrong apartment raided in Annapolis

Police break door, kick one occupant



By Andrea F. Siegel
sun reporter

June 8, 2007

Wearing masks and carrying rifles, Annapolis police officers attempting to execute a search warrant broke down the door of an apartment, set off a percussion grenade that released smoke and a flash of light and noise, and kicked one occupant in the groin.

Then they realized that they were at the wrong address.

The botched raid startled a Salvadoran immigrant couple with limited English who were cooking dinner. They thought their home was being burglarized when about a dozen police officers converged on their Annapolis apartment about 8:20 p.m. Wednesday.

Police acknowledged their error at a news conference last night.

Earlier yesterday, the occupants were still shaken. They cried as they gave their account to a lawyer and a past president of the nonprofit Hispanic assistance organization Centro de Ayuda in the group's offices.

"I cannot even imagine how these people must have felt when they saw these police point their guns at them," Mary Schumaker, a past president of Centro de Ayuda, said yesterday.

She said the raid was terrifying and an outrage, especially for people who moved to the United States from a country once known for violence against its citizens.

She called it particularly troubling for the city's growing Hispanic population as she and others try to build trust between Latino newcomers and authorities.

The woman, Silvia Bernal 30, was handcuffed, and her husband, Elmer Rene Perez, was kicked in the groin.

Police said yesterday that they are investigating what went wrong.

"Through miscommunication and misinformation, the serving of the warrant did not go as planned," the Annapolis Police Department said in a statement.

The couple live in Building 905 of the Spa Cove Apartments on Primrose Road. The search warrant was for the apartment with the same number in Building 901.

Each brick building in the complex has its number on a royal blue awning over the door.

"I do know there was a mistake. That is not good," said Annapolis Mayor Ellen O. Moyer.

Annapolis police spokesman Hal Dalton said a preliminary investigation indicated that a woman tried to barricade the apartment door. Police forced it open and threw in the small grenade designed to startle occupants.

Police apologize
The police quickly realized their error, apologized and left. They called for an ambulance for the woman, who said she felt ill.
Bernal was taken by ambulance to a hospital. She was released later.

Police then went to the apartment listed on the search warrant, where nobody was home and no illegal substances were found, Dalton said.

Schumaker and Carroll McCabe, an attorney who met with the family yesterday, said the couple gave the following account:

Bernal, 30, who said she has a heart problem, was handcuffed, and then placed on the floor before being taken to the hospital. Elmer Perez was kicked in the groin and handcuffed.

During the raid, a couple who share the apartment with Bernal and Perez returned home from grocery shopping and were prevented from entering the apartment.

The woman returning home told police that she was pregnantm and the officer replied that he did not care. (Dalton said he could not verify that and that officers are "trained and encouraged to act professional at all times.")

Police who burst into the apartment wore full-face masks and did not identify themselves, the two couples told the lawyer. Officers damaged the couples' personal belongings, including a bed, as they conducted a search that turned up nothing. When police realized their mistake, they asked a resident to sign a piece of paper, but she refused, McCabe said.

The two female occupants said they and Perez were examined at a hospital, but Dalton said he could not confirm that.

Dalton said that in the 15 or so times such mistakes have been made over about three decades, the city has compensated the victims.

The department did not apologize to the couples whose apartment was raided Wednesday, he said.

He said did not know what disciplinary action might be taken against the officers.

Dalton estimated that 12 to 15 officers were involved and that he did know whether any Spanish-speaking officers took part. He said the vice and narcotics unit prepared the warrant and that the Annapolis Special Emergency Team executed it.

'Factually correct'
"The warrant was factually correct," he said. It was part of a continuing investigation, he said.

The department's Hispanic liaison spoke with the couples, Dalton said. As the department reviews its policies and procedures, it will seek input from the Hispanic community, he said.

A resident of the building where the apartment was erroneously raided said yesterday that she was scared when, while she smoked a cigarette on her balcony, police surrounded the building and told everyone to go inside.

"If my kid had been outside playing ... " Rebecca Goss said.

Schumaker contacted McCabe, who said her goal was to protect the couples' interests.

Yesterday, the manager of Five Guys restaurant, where Bernal and the other female occupant work, delivered dinner and flowers as the couples talked to McCabe.

The battered apartment door stood against a trash bin and across from the couples' unit, a new door in its place.



andrea.siegel@baltsun.com

[Norton]

For our resident LEOs.

Is there a standard procedure when serving these types of warrants for assertaing that the address is correct?

I could envision that there might be one person whose only responsibility is to look at the warrant and check it against the physical address and say, "I concur".....sort of like when they read the orders on the subs in "Hunt for Red October".

It takes the adrenaline factor out of it that the entry team must be experiencing.

[ThePhantomPatriot]

"oops"
http://www.youtube.com/watch?v=qh-HhqUvgaI


does anyone remember the one episode of cops where the cop broke the front door of some old lady's house and she came out and he realized he was at the wrong house? I couldn't find it on youtube.

[VNVGUNNER]

Through miscommunication and misinformation, the serving of the warrant did not go as planned," the Annapolis Police Department said in a statement.

:lol:

[Norton]

Oh, I forgot to add above......

Out of respect for our member LEOs, we will not have any JBT comments or any sentence that includes the word "fascist". ;)

The Annapolis situation is a command failure. Something as serious as a forced entry serving of a warrant demands a higher level of care than writing a traffic ticket.

I'm not faulting the entry team, per se.....however I'm curious as to how something as simple as confirming an address could not be done.

If they ever make that mistake and enter one of our members' houses, it will be national news along the lines of:

"Police inadvertently discover weapons and ammunition cache in home of Mr. Big Tall Norton. The mysterious Norton, age 40 of Annapolis, was apparently hoarding the arsenal, food and water for some end of the world event. His ties to organized militia groups was unconfirmed as of press time.

A neighbor, who wished to remain unidentified, said 'I always found him to be quiet and polite. You just never really know about your neighbors.'"

[navycrna]

I suppose this was one of those "no knock" warrents. Which is fine in principle but norton is right if such tactics are to be utilized someone better make damn sure that they have the right place.

[Spot77]

Conferring with the property management companyy 3 minutes prior to entry might have avoided this, and wouldn't have ruined their element of surprise.

I know somebody on the Annapolis SWAT team. Maybe I'll see if he has anything interesting to contribute. :innocent0

[AKbythebay]

"During the raid, a couple who share the apartment with Bernal and Perez returned home from grocery shopping and were prevented from entering the apartment."

What? You mean there are several unrelated Latino folks living in the same apartment. What a shock!

[HoChiWaWa]

My problem with no knock warrants is the terrible situation it puts everyone in. How is the resident supposed to know the gang of masked men kicking in his door aren't thieves? If he attempts to defend himself from his unknown assailants he'll most likely end up dead, but you really can't fault someone for defending themselves in that situation.

[Vince]

"oops"
http://www.youtube.com/watch?v=qh-HhqUvgaI


does anyone remember the one episode of cops where the cop broke the front door of some old lady's house and she came out and he realized he was at the wrong house? I couldn't find it on youtube.

Yes, he thought her house was on fire and broke out numerous very, very small panes of glass only to later realize the house BEHIND hers was on fire.
Can you imagine telling your family you are going to be on TV only to make an ass out of yourself? That's a classic. He meant well though :sad20:

[novus collectus]

My problem with no knock warrants is the terrible situation it puts everyone in. How is the resident supposed to know the gang of masked men kicking in his door aren't thieves? If he attempts to defend himself from his unknown assailants he'll most likely end up dead, but you really can't fault someone for defending themselves in that situation.

I would shoot. I know I have broken no laws to warrant a no knock warrant, so someone is busting in my door in a violent manner, I will shoot if I have a gun in my hand never expecting the police since they have no reason to invade my home. If I see they are police that is different, but hesitating to find out might get me killed if they are someone out to kill me. It is my legal right to shoot in such situations, but it is also in their right to shoot back as well if they were there in a good faith belief they were observing the law at the time too.
No knock warrants are like loaded guns. They should be used with great care to make sure they are used justifiably and great care they are used properly. The Georgia incident where the 85 year old lady was murdered by the police just goes to show that in many parts of this country the police can get no-knock warrants from judges way too easily.

[Vince]

It might not have been a no-knock warrant, the period LE has to wait before forcing entry after they knock and announce is fairly low according to a recent supreme court ruling.

Norton, there is a procedure for the pre-raid that is designed to prevent this type of thing. There are checks and balances, but it all basically falls in the lap of the primary investigator (who SHOULD be very familiar with the target location) and it is his/her responsibility to point out the target location to SWAT/QRT, etc.

Cops are human too and mistakes are made. I'm just glad there were no serious injuries. The "victims" will be made whole again by Annapolis City, you can be sure of that, without regard to their alien status.:innocent0

[VNVGUNNER]

It might not have been a no-knock warrant, the period LE has to wait before forcing entry after they knock and announce is fairly low according to a recent supreme court ruling.

Norton, there is a procedure for the pre-raid that is designed to prevent this type of thing. There are checks and balances, but it all basically falls in the lap of the primary investigator (who SHOULD be very familiar with the target location) and it is his/her responsibility to point out the target location to SWAT/QRT, etc.

Cops are human too and mistakes are made. I'm just glad there were no serious injuries. The "victims" will be made whole again by Annapolis City, you can be sure of that, without regard to their alien status.:innocent0

Yes they are human, but they are kicking doors in with loaded guns, there is no room for error when lives are at risk. I'm not cop bashing, I come from
a family with both of my parents working in law enforcement for over 30 years.

[ThePhantomPatriot]

just be glad they dont have a "shoot now and ask questions later" policy.

[RobMoore]

Another reason I do not like no-knock warrants. Imagine for a moment such a mistake being made on the home of a citizen who is....shall we say "ready for the black helicopters and zombies". If its in the middle of the night, he may not hear it when they initially yell "Police" before the flashbang goes off, if they even yell it at all. All he knows is there are men with guns pouring into his home. Can he be faulted when he empties the magazine from his rifle of choice into them as they come down the hallway?

[ThePhantomPatriot]

i dont think he would have to worry about being faulted cuz he'd probably get shot to death.

[BlindViper]

The botched raid startled a Salvadoran immigrant couple with limited English who were cooking dinner. They thought their home was being burglarized when about a dozen police officers converged on their Annapolis apartment about 8:20 p.m. Wednesday.

Police who burst into the apartment wore full-face masks and did not identify themselves, the two couples told the lawyer. Officers damaged the couples' personal belongings, including a bed, as they conducted a search that turned up nothing. When police realized their mistake, they asked a resident to sign a piece of paper, but she refused, McCabe said.

Ok I have two problems here.
1. They don't speak english but they know the police didn't say they were police?
2. the two couples told the lawyer.
So the second couple arrived after the botched raid. But they knew whether or not the police identified themselves ?

[ThePhantomPatriot]

just bc they cant speak english doesnt mean that they dont know some words, afterall it said limited english, not no english.

[HoChiWaWa]

Poicia and police sound enough alike, also they said limited english, not no english. As for the two couples telling them, it could be anything from the writer misconstruing it, to their lawyer combining multiple statements into one.

The bottom line is, the police f***ed up, and they are liable, whether or not they identified themselves is a separate civil rights matter.

[Deacon51]

No Knock warrants scare the shit out of me, and the fact that the Police do not have a procedure in place that "COMPLEATLY" eliminates any possibility of hitting the wrong house scares me even more.

If that was my door, like the old lady in GA, I would be dead.

[Vince]

From the Annapolis Capital:

Officer Dalton declined to comment about what led to the warrant at 901 Primrose, citing an ongoing drug investigation. He said a judge signed the warrant authorizing the officers to break down the door, rather than requiring the officers to knock and announce their presence first.

"Obviously they had some circumstances to warrant it," he said.

Officer Dalton said no-knock warrants are sometimes necessary to protect officers from dangerous suspects and keep people from disposing of evidence.

Don't get me wrong, I'm not making excuses for the police - it was a mistake and the city will make it right and no harm no foul (in this instance at least).

I'm sure the ambulance chaser attorney's are salivating that the opportunity to represent these people.

Be careful when making judgments about the issue based upon what the press says, they are wrong on may of the key issues, and always seem to try and put their paper-selling dirty laundry spin on things.

Ive been on the receiving end of the vitriol, and been there reading what the press and citizen(s) say happened and all of the embellishment and second guessing that goes on. Reporters eat that stuff up because its a juicy story.

Bottom line - (in this case at least) it was a mistake, people got scared, property was damaged. No more, no less. Training will improve, and changes will be made in APD's raid procedure.

It could have been a lot worse, but it wasn't, and I for one would like to see the press move on.

Also, I'm sure many of you have heard of auditory exclusion and how it affects people when under a stressful situation. It is entirely possible, and probable, that the police announced themselves, but in the stress of it all, the residents didn't hear it.

[Deacon51]

Yea, I don't dismiss "No Knock" warrants, I can see the purpose of having them. The thing is, like I said, Some ones hit my door I'm diving for the shotgun and I'm coming up firing.

Holy hell I pray it's not the cops... what's bad is that my house did used to be a suspected dealers house, and we have had an officer knock on the door twice now to serve a warrant to the former owner. Even had kids stop by a couple of times when we first moved in.

[jpk1md]

Oh, I forgot to add above......

Out of respect for our member LEOs, we will not have any JBT comments or any sentence that includes the word "fascist". ;)



Fascist ****ing JBT's

You LEO's know I like/respect you....except when poop like this happens......

<I feel better now ;) >

[Vince]

You LEO's know I like/respect you....except when poop like this happens......

Isn't that like saying you root for your favorite football team - when they are winning? :sad53:

I know most in the RKBA community value our freedoms, and its easy to see LE as "the man", and in some cases there is justification for that, but there are evil people in the world who would do you harm. And, there are many LEO's that value the same freedoms you do, and believe many of the same things about our rights.

This Annapolis case is relatively unusual. But, there are reasons for no knock warrants. Check out this page and remember there is a family behind every officer, just like yours - http://www.odmp.org/

LEO's voluntarily go in harms way to stop those that would hurt and steal from you and your families. In return for doing so, they get paid a meager salary, work in all weather conditions, on weekends, nights, holidays, during their kids dance recitals, soccer games, and even graduation ceremonies.
Also, they are constantly ridiculed, by almost every class of people in every country of the world. Some deserve it - most do not.

Cops are not superhuman. They aren't immune from all of the issues everyone else face in their lives. They make mistakes, worry, argue with their spouse and kids, have bills, etc. What makes things harder is they have to go to work and deal with everyone elses problems too. If a cop can't fix a problem (unruly kids, domestic violence, etc.) that has been years in the making, you are thought of (or called) a lazy, no good useless pig. Almost every call they go on they are not wanted. Whether it is a domestic dispute or a burglary that occurred earlier, they people would rather the officer not be there.

It is truly a damned if you do/damned if you don't job. Some people think it would be a fun job, until they do it and realize its not like TV. Most people say they wouldn't have your job, and when you hear that, you can appreciate it.

I'll get off of my soapbox now. Enjoy your weekend, most street cops are working and will be there if you call upon them. :patriot:

[VNVGUNNER]

It's good to hear from both sides.

[Norton]

Hehe....I was just thinking that for the most part you could subsitute teacher for cop in Vince's post and essentially come up with many of the same statements ;):D

[Vince]

Hehe....I was just thinking that for the most part you could subsitute teacher for cop in Vince's post and essentially come up with many of the same statements ;):D

Except we wear body armor and carry a gun - you just wish you could go to your teaching job like that! That would get those kids in line. At least until they realized you were as powerless as the police to do anything to them.

[jpk1md]

Isn't that like saying you root for your favorite football team - when they are winning? :sad53:

I know most in the RKBA community value our freedoms, and its easy to see LE as "the man", and in some cases there is justification for that, but there are evil people in the world who would do you harm. And, there are many LEO's that value the same freedoms you do, and believe many of the same things about our rights.

This Annapolis case is relatively unusual. But, there are reasons for no knock warrants. Check out this page and remember there is a family behind every officer, just like yours - http://www.odmp.org/

LEO's voluntarily go in harms way to stop those that would hurt and steal from you and your families. In return for doing so, they get paid a meager salary, work in all weather conditions, on weekends, nights, holidays, during their kids dance recitals, soccer games, and even graduation ceremonies.
Also, they are constantly ridiculed, by almost every class of people in every country of the world. Some deserve it - most do not.

Cops are not superhuman. They aren't immune from all of the issues everyone else face in their lives. They make mistakes, worry, argue with their spouse and kids, have bills, etc. What makes things harder is they have to go to work and deal with everyone elses problems too. If a cop can't fix a problem (unruly kids, domestic violence, etc.) that has been years in the making, you are thought of (or called) a lazy, no good useless pig. Almost every call they go on they are not wanted. Whether it is a domestic dispute or a burglary that occurred earlier, they people would rather the officer not be there.

It is truly a damned if you do/damned if you don't job. Some people think it would be a fun job, until they do it and realize its not like TV. Most people say they wouldn't have your job, and when you hear that, you can appreciate it.

I'll get off of my soapbox now. Enjoy your weekend, most street cops are working and will be there if you call upon them. :patriot:

Vince, I agree with you 100%....with the exception of the following....when LEO's make mistakes like the one in Annapolis Innocent People Die at worst and carry scars/BS for life at best.

Do you really think that the residents of that home will ever stop wondering if a bunch of JBT's are going to break into their homes some night and unprovoked kick the guy in the balls again?

There are WAY TOO MANY NO KNOCK ****UPS......Personally I have a sense that its used way too much and I suspect that there are lots of other ways to get the BG's without putting the public at risk. I suspect that No Knocks and and incidents like this instill GREAT mistrust of LEO's and the Para Military JBT's with black masks on.

[Vince]

Vince, I agree with you 100%....with the exception of the following....when LEO's make mistakes like the one in Annapolis Innocent People Die at worst and carry scars/BS for life at best.

Do you really think that the residents of that home will ever stop wondering if a bunch of JBT's are going to break into their homes some night and unprovoked kick the guy in the balls again?

There are WAY TOO MANY NO KNOCK ****UPS......Personally I have a sense that its used way too much and I suspect that there are lots of other ways to get the BG's without putting the public at risk. I suspect that No Knocks and and incidents like this instill GREAT mistrust of LEO's and the Para Military JBT's with black masks on.

I'll say it again - I am not making excuses for this incident. It was a bad mistake and one that could have had dire consequences. Fortunately, no one was killed. As far as the guy getting kicked, you all know not to believe everything you read. Embellishment is the name of the game here. I'm not saying the guy is lying, but it is possible. People know in this day and age how to embellish on an incident like this. Mark my words, the resident of this house will never be able to go outside, sleep, or have sex for the rest of their lives and they will go to court and say so. They will find an attorney who will argue this for them and they will all be on a beach sipping a fruity drink with an umbrella on it until the day they die. Remember that the next time you pay your taxes. Some of it is going to fund the mansions and expensive cars of people like this.

Is this right? In most cases, No - as long as no one if permanently crippled, killed or disfigured. What should happen is that LE should discipline anyone responsible, make appropriate, reasonable reparations to those affected and that's it. Unscrupulous lawyers, greedy "i"m getting paid" people and the general state of our society is to blame.

We don't live in a perfect world - mistakes happen. When they happen, the cause of the mistake must be determined and every effort made to assure it doesn't happen again.

LE is rightfully held to a higher standard. But it needs to be a reasonable standard nonetheless.

As far as no knock warrants, they used to be issued pretty much at will. Now there are standards that have to be met in order for them to be issued as no knocks. They are not issued just because the investigator wants the warrant to be a no knock.

I agree that the possibility of a mistaken no knock warrant service on an innocent/mistaken residence has the potential for the homeowner to defend himself (and rightfully so, so long as they don't know it isn't LE)

In fact, it would be very difficult for most people to respond as quickly as they think they could faced with the dynamic entry, flashbangs, etc. of a SWAT team in the middle of the night. Its over in a few seconds.
Of course, the crack dealer who happens to be cooking his crack on the stove at 3AM with a Glock on the counter next to him is always a possibility, and a possibility for which the tactical officers must be prepared. They want to go home to their wife and kids just as much as you do at the end of your day.

The question is really this: Would YOU want to serve a knock and announce warrant on a violent, armed drug dealer? How about you volunteer to be the point man on that entry? No? Didn't think so -me either.

On a side note, did you know the State of Maryland makes it legal to resist an arrest, so long as the person being arrested believes the arrest isn't legal?
Most states say there is no reason to resist arrest and an illegal arrest can be handled through the courts.
Oh, and an unsafe lane change is only illegal so long as the person making the lane change believes it is unsafe. Nice, huh?

[novus collectus]

....The question is really this: Would YOU want to serve a knock and announce warrant on a violent, armed drug dealer? How about you volunteer to be the point man on that entry? No? Didn't think so -me either.
....

I agree that there are needs for some no-knock warrants, but thier may be alternatives to using them in some cases. For instance, unless the drug dealer is a total recluse, he has to leave his house sometime and he can be caught then.

On a side note, did you know the State of Maryland makes it legal to resist an arrest, so long as the person being arrested believes the arrest isn't legal?
Yes, I knew this because my sister told me not too long after she became an officer in the late 80s. But I thought it is only if the arrest was improper or if the person was not convicted of the initial charge?

[Norton]

Except we wear body armor and carry a gun - you just wish you could go to your teaching job like that! That would get those kids in line.

I feel the need for those, given the nature of some of our students.

At least until they realized you were as powerless as the police to do anything to them.

Very true....:sad20:

[RobMoore]

I try to keep up on web nomenclature, but what does JBT mean? I googled it, and found half a dozen THR threads with mention of it, but no definition.

[Vince]

I try to keep up on web nomenclature, but what does JBT mean? I googled it, and found half a dozen THR threads with mention of it, but no definition.

Jack Booted Thugs

[jpk1md]

Is this right? In most cases, No - as long as no one if permanently crippled, killed or disfigured. What should happen is that LE should discipline anyone responsible, make appropriate, reasonable reparations to those affected and that's it. Unscrupulous lawyers, greedy "i"m getting paid" people and the general state of our society is to blame.

We don't live in a perfect world - mistakes happen. When they happen, the cause of the mistake must be determined and every effort made to assure it doesn't happen again.

LE is rightfully held to a higher standard. But it needs to be a reasonable standard nonetheless.

+1

As far as no knock warrants, they used to be issued pretty much at will. Now there are standards that have to be met in order for them to be issued as no knocks. They are not issued just because the investigator wants the warrant to be a no knock.

Good to hear.

What are the conditions that lead to a no knock being issued?

It would seem to me to be a tool of last resort reserved only for the most dangerous violent criminals.



I agree that the possibility of a mistaken no knock warrant service on an innocent/mistaken residence has the potential for the homeowner to defend himself (and rightfully so, so long as they don't know it isn't LE)

On a side note, did you know the State of Maryland makes it legal to resist an arrest, so long as the person being arrested believes the arrest isn't legal?
Most states say there is no reason to resist arrest and an illegal arrest can be handled through the courts.

Very nice to know and at the same time very surprising for Md.

The question is really this: Would YOU want to serve a knock and announce warrant on a violent, armed drug dealer? How about you volunteer to be the point man on that entry? No? Didn't think so -me either.

You've got that right! But thats my point really...there are other and arguably better ways to take down an armed drug dealer.....the traffic stop with a drug dog and partner(s) would seem to be a much safer way to do it than a no knock.

There is a time and place for no knocks...I know that but it seems that there is an increasing use of this tactic when there appear to be equally good or better options out there than the JBT/Fascist Guys with black masks/Para Military Approach.....there are just too many mistakes being made with No Knocks from where I sit.....and I hope never to be the one on the mistaken end of a botched wrong address no knock....

[Vince]

You've got that right! But thats my point really...there are other and arguably better ways to take down an armed drug dealer.....the traffic stop with a drug dog and partner(s) would seem to be a much safer way to do it than a no knock.

There is a time and place for no knocks...I know that but it seems that there is an increasing use of this tactic when there appear to be equally good or better options out there than the JBT/Fascist Guys with black masks/Para Military Approach.....there are just too many mistakes being made with No Knocks from where I sit.....and I hope never to be the one on the mistaken end of a botched wrong address no knock....

The point of a search and seizure warrant is to search a location for evidence and seize it. It is not to arrest a person, that is called an arrest warrant. Homes will always have to be searched because that's where the BG lays his head and that is where the evidence is.

In your scenario, the BG leaves his house and is arrested. he has an eight ball of cocaine on him, but LE needs to search his house to get his records, the rest of his drugs, and paraphernalia. LE just can't ask the BG. "Is there anyone else in your home.?" We can't trust his response, because, he is after all a bad guy ;-)

LE plays it on the safe side whenever possible to reduce the risk. Even if no one is believed to be in the house, dynamic entry will probably be made, just in case.

[jpk1md]

LE plays it on the safe side whenever possible to reduce the risk. Even if no one is believed to be in the house, dynamic entry will probably be made, just in case.

Safe for who? The Police or the residents of the home they do the Dynamic Entry on which is the wrong address.

Vince, I'm sorry that I've got a chip on my shoulder about this but there's a good reason for it. Either there's an increase in the coverage of these mistakes or there is an increase in the mistakes being made during No Knocks and other incidents...

The increase in Military Tactics and just flat out Militarization of LE Agencies is very disturbing to me and others. Believe it or not it is a source for increasing distrust of LEO's by the public.....The Police should be working to INCREASE the trust of The People not decrease.

There are at least two sides to every story and I'll be the first one to admit that I don't know how tough your job is but on the other hand when I see crap like the No Knocks and this http://wcco.com/topstories/local_story_159164139.html and http://www.msnbc.msn.com/id/19141911/ going on I start to wonder about the phrase "To Protect and Serve"....are they Protecting and Serving The People or The Gov't/Themselves?

Given the current trends for bad no knocks and police impersonations I'm confident that we are going to see an increasing number of LEO's being injured by homeowners that are on the receiving end on a Dynamic Entry....Whats the solution? Remember the phrase Innocent Until PROVEN Guilty and Don't do Dynamic Entries.....

[smores]

We could just pull what the UK did in the 80's and send the SAS in to shoot first and ask questions later, rather than have LE handle it ;)

[Vince]

jpk1md,

Safe for the police, since it is assumed the location LE are serving the search warrant is occupied by the BG and is not the wrong address. Does it happen? Absolutely. Does it happen a lot? No. Like I said, it is relatively rare. I'm sure you can Google it and find a few examples, but if you compared the numbers of search warrants compared to the ones that are mistakenly served on the wrong address, you'd see it doesn't happen very often.

I would say that there is probably an increase in the coverage of police misconduct/mistakes (see my earlier comment on the dirty laundry the press loves so much) or there are many more warrants served and therefore a correlating increase in the number of mistakes.

In my opinion, the police serve the people and themselves and their families. If someone the officer doesn't know calls the police and says they are being shot at that officer will no doubt come to that persons aid and attempt to save them and arrest the BG. This may or may not require the officer to take incoming fire. You'll not find many officers who, upon getting that call, submit their resignation and go home.

The police serve themselves because they owe it to themselves to take care of number one, nobody else seems to care too much.

The police also serve their families, because we promise to come home to our wives and children safe every night.

I find fault with your logic that police are the ones who might cause themselves to get shot my an innocent homeowner due to increased police impersonations. Its the criminal, not the police who cause these things to happen.

Certainly you are not suggesting that if BG's didn't commit crime, that officers would still act in a heavy handed militaristic manner?

Police respond to the BG actions. The police are not at fault for responding to something the BG did wrong.. The criminal is the mastermind of his own destiny. The police are just a convenient target and an increase in societies lack of personal responsibility exacerbates things markedly.

Chip on your shoulder? No problem, I've been dealing with that for 17 years. Everyones got a "bad cop" story and they don't hesitate to share it with me upon meeting me for the first time and learning my profession.

That's OK. Sweating in my body armor today and working three jobs to make ends meet is all the reward I need to continue to serve.

[Vince]

jpk1md, here is an interesting site for you - http://www.cato.org/raidmap/

Obviously biased, and if you read some of the stories associated with the map points, the police are the only ones who aren't innocent until proven guilty. If there is even a hint of something unusual occurring, its added to the map.
A lot of SPIN going on there.

Also, looks like there were four or five MD incidents since 1988. I am confident there were thousands of search warrants served in Maryland during that time.

[jpk1md]

jpk1md,

Safe for the police, since it is assumed the location LE are serving the search warrant is occupied by the BG and is not the wrong address. Does it happen? Absolutely. Does it happen a lot? No. Like I said, it is relatively rare. I'm sure you can Google it and find a few examples, but if you compared the numbers of search warrants compared to the ones that are mistakenly served on the wrong address, you'd see it doesn't happen very often.

I would say that there is probably an increase in the coverage of police misconduct/mistakes (see my earlier comment on the dirty laundry the press loves so much) or there are many more warrants served and therefore a correlating increase in the number of mistakes.

Thats fair enough....I can generally speaking accept that explanation.

What concerns me most is the increasing militarization of police depts, the tactics and attitudes that accompany it.

In my opinion, the police serve the people and themselves and their families.

Thats what I would expect to hear. Thanks.

I find fault with your logic that police are the ones who might cause themselves to get shot my an innocent homeowner due to increased police impersonations. Its the criminal, not the police who cause these things to happen.

I should have been clearer. Someone enters a house forcibly dressed in Black with a mask on and you can count on a swift response with appropriate force. Homeowners don't care WHO the f they ultimately turn out to be...just that the person is clearly BG based on their actions alone and should expect an appropriate response.

It is increasingly becoming difficult in certain circumstances for the Innocent Civilian/Homeowner to distinguish between the LEO and the BG.

Certainly you are not suggesting that if BG's didn't commit crime, that officers would still act in a heavy handed militaristic manner?

As a whole I am not but there APPEARS to be an increasing trend in the number of bad eggs in the LEO community. The Police that I have had the opportunity to get to know have been good guys with what appears to be good judgement....are there exceptions to this? Yup...I grew up with a couple of guys that we ALL knew were either going to be Cops or Criminals...it was a power issue....one became a Criminal and the other a Cop who after 5-6 years found himself booted off the force (thankfully) for his behavior. When I was a teenager I had a NYS Trooper who went out of his way to bust my balls and threatened to put me in jail after I defended myself against a guy who attacked me....I finished it and there were 30 witnesses who stated that I had defended myself and had not started it yada yada yada but this dirtbag called me and my family repeatedly at midnight threatening that he was going to come down and arrest me if I wasn't at the barracks in 30 minutes. We responded that unless I was formally being charged with something he needed to stop harrassing me and my parents....there were 30 witnesses and this asshat had an axe to grind.

Take for example the Dope down in PG that recently was involved in the shooting of 2 delivery guys and then nailed for brandishing/threatening a guy that knocked on his door...he's not the only one....there have been a bunch of similar reports.....I KNOW you guys are probably being held to increasingly high standards and that there are beancounters and others second guessing every move and decision you make...I don't envy that part of your job.

Chip on your shoulder? No problem, I've been dealing with that for 17 years. Everyones got a "bad cop" story and they don't hesitate to share it with me upon meeting me for the first time and learning my profession.

That's OK. Sweating in my body armor today and working three jobs to make ends meet is all the reward I need to continue to serve.

That chip isn't against you or Police in general...its against the No Knock Entries and the Militarization of our Police Depts and the attitude that often time accompanies it.

Are you coming to the shoot Sunday?

[Vince]

If I werent doing this job, knowing the things I know and seeing the things I have seen over the years, I might agree with you and be fearful of the militarization of LE agencies. The BG's are always changing tactics and LE has to play catch up. We aren't facing .32 raven's anymore out here. The BG's are well armed. You might be surprised at some of the things that don't make the press for one reason or the other, but rest assured, there are real criminals in Maryland!
One thing I have learned over the years is that everything is relative, and you have to try and see things from another's perspective, because right or wrong, that is their individual reality.
No, not making the shoot like I thought - I have the opportunity to buy 2 handguns and a shotgun on two different meetings that were set up on, of all dates, tomorrow. I was there in January thought and it was a blast. Norton and did the mini Appleseed.
I hope we didn't bore others with our discussion. :indiffere

[jpk1md]

jpk1md, here is an interesting site for you - http://www.cato.org/raidmap/

Obviously biased, and if you read some of the stories associated with the map points, the police are the only ones who aren't innocent until proven guilty. If there is even a hint of something unusual occurring, its added to the map.
A lot of SPIN going on there.

Also, looks like there were four or five MD incidents since 1988. I am confident there were thousands of search warrants served in Maryland during that time.

Tx Vince, I think I had seen that before but could not recall where.

Below are the first four from Md that come up in the search...even when I take them with a five pound bag of salt I cannot find ANY justification for a judge to issue a No Knock based upon suspected drug charges (3 of the 4)...the 4th being a total ****up by one of the team members in shooting a bystander that allegedly moved his hand towards his waistband after he got out of his car.

I just can't come up with a legitimate reason for issueing a No Knock for such trivial charges.....its something that should be reserved for the worst of the worst.....(KNOWN Violent Criminals, CLEAR/Proven Threats to the Public.



David Scheper and Sascha Wagner.

August 18, 2005—MD

On August 18, 2005, police in Baltimore, Maryland force their way into the home of David Scheper and Sascha Wagner. Thinking they are being robbed, Wagner calls 911, telling the operator, "There's someone breaking into my house." Scheper slams the door on the officers, who never announce they are police.

The officers then shatter the glass on the home's front door. Scheper stands just inside, holding his 12-gauge shotgun. He doesn't have ammunition, but he hopes that racking the gun within earshot of the door would scare off what he still believes are intruders. When they don't leave, Scheper retreats to his basement, and grabs the only functioning weapon in his house, a CZ-52 semiautomatic, what he calls a "piece-of-junk Czechoslovakian pistol." As Scheper struggles to load the weapon, it accidentally discharges, sending a round into the floor of his basement.

Police would eventually enter, and seize $1,440 in cash Scheper says he had recently withdrawn to buy a used pickup truck. According to the Baltimore City Paper, police also "...hit a 70-year-old art-deco-style metal desk with an ax. They took 18 of Scheper's guns--mostly inoperable antiques, he says--and some gun-shaped props he had built for movies. 'They threatened to blow up my safe,' Scheper says, so he opened it for them."

The police had made an error. They also had no search warrant. They were looking for a tenant Scheper had evicted weeks earlier. Nevertheless, police still put Scheper's antique gun collection on display for the local news as part of a "roundup" of illegal weapons they'd found in two local raids.

The only charge to come of the police visit to Scheper's home was one against Scheper for firing the weapon in his basement, which carried a $1,000 fine and a year in prison. Prosecutors eventually dropped that charge, but only after Scheper's lawyer successfully fought to get Wagner's 911 call admitted as evidence, over the objection of prosecutors.

Source:

Edward Ericson, Jr., "Breakin? All the Rules; Prosecutor Drop Case Against Man Who Says Plainclothes Police Tried To Force Way Into His Home Without Warrant," Baltimore City Paper, December 21, 2005.



Cheryl Lynn Noel.

January 21, 2005—MD

Baltimore County, Maryland police descend on a home in the Dundalk neighborhood at around 5 a.m. on a narcotics warrant. They deploy a flashbang grenade, then quickly subdue the first-floor occupants -- a man and two young adults.

When officers enter the second-floor bedroom of Cheryl Llynn Noel, they break open the door to find the middle-aged woman in her bed, frightened, and pointing a handgun at them. One officer fires three times. Noel dies at the scene.

Friends and acquaintances described Noel as "a wonderful person," who ran a Bible study group on her lunch breaks. One man collected 200 signatures from friends, neighbors, and coworkers vouching for her character.

Officers conducted the raid after finding marijuana seeds in the Noels' garbage can.

Sources:

Joseph M. Giordano, "Woman is shot, killed by police in drug raid," Dundalk Eagle, January 27, 2005.

Joseph M. Giordano, "Petition reflects anguish," Dundalk Eagle, March 31, 2005.



Desmond Ray.

December 11, 2002—MD

As police in Prince George's County, Maryland prepare for a SWAT raid on a suspected drug dealer, Desmond Ray--not the target of the raid--steps out of a parked car. Cpl. Charles Ramseur says Ray reached for his waistband upon exiting the car. Ray says he put his hands in the air.

Ramseur fires his weapon at Ray and strikes him in the spine, paralyzing him. Ray is unarmed, and would never be charged with a crime.

In April 2004, an "Executive Review Panel" found that Ramseur had no justification for shooting Ray, and recommended administrative charges against him for using excessive force. The recommendation was overruled when the internal police review board found no wrongdoing. Ramseur was reinstated.

County police later settled a civil suit with Ray for an undisclosed sum of money.

Source:

"Prince George's police corporal cleared in 2002 shooting," Associated Press, July 15, 2005.



The Lewis Cauthorne Raid.

November 19, 2002—MD

On January 7, 2003, prosecutors in Baltimore announce they will not press charges against Lewis S. Cauthorne for firing a .45-caliber handgun at police who broke down his door during a no-knock raid in November 2002.

Cauthorne, at home with his mother, girlfriend, and three year-old daughter at the time of the raid, heard screaming when police broke open the door to his home and began searching for drugs. The raiding officers never identified themselves.

Prosecutors later determined that Cauthorne, who had no arrest record and whose father had been robbed and killed as a cab driver, had reason to believe his life was in danger when he fired and wounded three of the raiding police officers. Police fired back, but no one inside the home was hit.

Police were acting on a tip from a confidential informant, and claim to have found six bags with traces of marijuana, empty vials, a razor with cocaine residue, and two scales in Cauthorne's home. But the ensuing investigation found peculiarities with the evidence that precluded Cauthorne from being charged even with a misdemeanor. For example, there was no record of where exactly in the home the drugs were found, and crime lab technicians were told by police not to photograph the evidence.

The officers who conducted the raid were also unavailable for interviews from investigators until days or weeks after the raid took place. Though never charged, Cauthorne served more than six weeks in jail before the charges against him were dismissed.

Source::

Allison Klein and Del Quentin Wilber, "Prosecutor to drop charges in shooting of four officers," Baltimore Sun, January 7, 2003.

[Vince]

Drug charges alone may not be a violent crime, but what do you think most of the murders in Baltimore involve?
Drug dealers are know to be armed, and it is very possible that records, surveillance, etc. showed the suspects in these investigations to be armed. They probably had a history of violent crimes.
Are you telling me that given these circumstances, you don't think a no knock warrant is justifiable?

If so, please apply, we need bodies. Just buy lots of life insurance.

As far as the waistband incident, police are judged by what they knew at the time, not what armchair quarterbacks look at later from the comfort of their lounge chairs.

I once heard that police officers will be forced to make split second life or death decisions that will be reviewed for hours and days by people who know all of the facts and who will decide whether they did the right thing.

Given your standard jpk1md, would you want your father, son or daughter doing the job with the restrictions you put upon it?

Only you can honestly answer that. It sounds like your "bad cop" incident jaded you for life, and I cant say I blame you, but it is a shame.

[jpk1md]

Drug charges alone may not be a violent crime, but what do you think most of the murders in Baltimore involve?
Drug dealers are know to be armed, and it is very possible that records, surveillance, etc. showed the suspects in these investigations to be armed. They probably had a history of violent crimes.
Are you telling me that given these circumstances, you don't think a no knock warrant is justifiable?

Like I've said before there are at least two sides to every story and the side of LEO may not be clearly/fairly represented in the Cato examples...With that said Cato IS one of the more reputable groups out there so at least in my book they carry some weight....for those of you that are familiar with the Parker Case....Bob Levy from Cato is footing the bill/providing legal council for Parker.

Vince the point I feel strongly about is that there are just too many No Knocks for what appear to be reasons/justification that is not significant enough in my opinion. WRT Drugs and Violence I would bet that generally speaking you would agree that most drug USERS tend not to be associated with violent crime and are generally not armed...I'm sure that there are exceptions and the bottom of the heap heroin addicts are often times involved with B&E/Thefts to come up with money for their next fix. Dealers on the other hand I would expect to be more likely to be armed.....In none of the examples that were provided did I see real evidence or support from LE statements to support that they were dealing at a high level or armed criminal.....they all appeared to be normal people.....as a result...there was:

A police error with NO WARRANT.
A No Knock on a guy with ZERO Record and ultimately no charges filed.
A No Knock seemingly based on Marijuana seeds in her garbage.

For all I know these screwups were just 3 of 10,000 or 3 in 100...I don't know. I do know that they really ****ed up a number of peoples lives (One Dead and One Paralized).

The stakes for making errors are pretty steep and this is why I believe that No Knocks MUST be reserved for only the most severe instances....a few dope seeds in the trash doesn't cut it.


If so, please apply, we need bodies. Just buy lots of life insurance.

Truth be told I thought about it for a long time....what ultimately made me say no was knowing that it would cause me too much frustration to see the Judiciary keep turning the same BG's loose on the streets after busting a nut to get them OFF the street. There are other issues that led me to decide not to do it but thats something that I'm not sure I could handle long term.

As far as the waistband incident, police are judged by what they knew at the time, not what armchair quarterbacks look at later from the comfort of their lounge chairs.

I once heard that police officers will be forced to make split second life or death decisions that will be reviewed for hours and days by people who know all of the facts and who will decide whether they did the right thing.

I agree on the armchair qb comment...I wasn't there but its tough for me believe that it was a good shoot when it appears that the person that was shot didn't have a firearm let alone had pulled it with intent....should everyone here have to worry about being shot by a cop for pulling up our pants or resetting the family jewels when we get out of a car?

Given your standard jpk1md, would you want your father, son or daughter doing the job with the restrictions you put upon it?

Only you can honestly answer that. It sounds like your "bad cop" incident jaded you for life, and I cant say I blame you, but it is a shame.

My comments have been narrowly focused on No Knock Vince not the job in general....I KNOW its far from an easy job and respect the majority of folks that choose to serve.

At the same time I don't apologize for my comments because deep down I really believe that the No Knock/Dynamic Entry thing is used too frequently for insufficient reasons.

Am I jaded? Probably a bit but I give everyone the chance to earn my respect (and vice versa)....respect is earned...not given and each of us are judged by our actions in life....with that said on each of the 1/2 dozen times I've been pulled over in the last 25 years I find myself wondering if the Officer is going to be a JBT or is he going to be a Professional....so far I've been treated fairly and generally professionally.

[Vince]

Vince the point I feel strongly about is that there are just too many No Knocks for what appear to be reasons/justification that is not significant enough in my opinion.

I think the key thing here is what you know. Maybe having the opportunity to read the warrant will clear that up. A judge decides whether or not to sign it based upon the justification contained therein. I know this ist reasonable, I jut want you to realize that you only have a very small piece of the puzzle in these incidents. It may not be fair to harshly criticize based on suppositions.

WRT Drugs and Violence I would bet that generally speaking you would agree that most drug USERS tend not to be associated with violent crime[QUOTE] Yes, I do agree

[QUOTE] and are generally not armed
Yes,you might be right, but I wouldn't bet my life on it.

In none of the examples that were provided did I see real evidence or support from LE statements to support that they were dealing at a high level or armed criminal.....they all appeared to be normal people
Yes, but you only have a fraction of the total information. IMHO there is an agenda to this site, and you could have the same situation described differently which would lend itself to be more justifiable.
I don't watch the news or read the paper and believe everything I hear or see. I do think it is human nature for people to read something and as long as they hear what they already believe, they subconsciously lend more credence to objectivity of the source.


.....as a result...there was:
A No Knock seemingly based on Marijuana seeds in her garbage.
Not anymore, this wont fly nowadays. But, knock and announce warrants can be immediately converted into no knock warrant by the officers if they have exigent circumstances, for instance they see a person in the home with a weapon.

For all I know these screwups were just 3 of 10,000 or 3 in 100...I don't know. I do know that they really ****ed up a number of peoples lives (One Dead and One Paralized).
Horrible tragedies, I agree

The stakes for making errors are pretty steep and this is why I believe that No Knocks MUST be reserved for only the most severe instances....a few dope seeds in the trash doesn't cut it.
No argument here

Truth be told I thought about it for a long time
You are probably better off, its a thankless job. :)


should everyone here have to worry about being shot by a cop for pulling up our pants or resetting the family jewels when we get out of a car?
No, they shouldn't, but even in the case of a mistake, if an officer believes someone is armed, whether right or wrong, and the officer orders (at gunpoint) a person to put his hands up, or not move, or get down, whatever, and the person doesn't comply, but instead chooses to make a quick movement, flee, etc., should the officers give them the benefit of the doubt or act accordingly?

My comments have been narrowly focused on No Knock Vince not the job in general....I KNOW its far from an easy job and respect the majority of folks that choose to serve.

At the same time I don't apologize for my comments because deep down I really believe that the No Knock/Dynamic Entry thing is used too frequently for insufficient reasons.
You might be pleasantly surprised at the current requirements for a no knock warrant.

Am I jaded? Probably a bit but I give everyone the chance to earn my respect (and vice versa)....respect is earned...not given and each of us are judged by our actions in life....with that said on each of the 1/2 dozen times I've been pulled over in the last 25 years I find myself wondering if the Officer is going to be a JBT or is he going to be a Professional....so far I've been treated fairly and generally professionally.
Fair enough. Glad to hear you have been treated fairly. Lets hope the one time you aren't, you are able to remember all of the times you were.

[jpk1md]

Fair enough. Glad to hear you have been treated fairly. Lets hope the one time you aren't, you are able to remember all of the times you were.

That depends...there's a big difference between being treated fairly, unfairly and downright criminally.

Fairly: Ex: I was speeding, I deserve the ticket...was treated professionally etc etc:

Unfairly: JBT puts you through the ringer for whatever reason or enters into a situation with heavy bias....for example a friend pulled into a lot going to a bar..he parks, cop follows him in....they were followed by friends in a second car......they parked next to the friends and 3 of them clearly overheard the cop making a comment to his partner that they he was going to put the Yankee with NY Plates through the ringer or some similar statement....dumb cop.....dopey got in a lot of trouble when those three people filed complaints.

The BS that I was subjected to as a teen was BS, Harassment, Possibly Criminal but definately Unprofessional.....the DA Office had a stack of complaints against that trooper for similar stuff and I was told that someone up above eventually came down on him like a ton of bricks years later....in the meantime he ****ed up a lot of people due to his BS actions.

When LEO's treat people unfairly/criminally without good cause it can have a lasting effect on people from Financial to Life (being charged with a crime you didn't commit) and having to defend against a bad incident can cripple people and families. People lose jobs over BS charges.

Folks are Innocent until PROVEN Guilty and unless there is overwhelming cause to charge someone it just shouldn't happen.

Regarding No Knocks and Dynamic Entries they SHOULD be incredibly difficult to get permission for.

Out of curiosity how do you personally feel about CCW in Maryland?

Have folks you work with voiced an opinion on CCW?

[Vince]

When LEO's treat people unfairly/criminally without good cause it can have a lasting effect on people from Financial to Life (being charged with a crime you didn't commit) and having to defend against a bad incident can cripple people and families. People lose jobs over BS charges.
Yes, I agree, it is very unfortunate the rare times this happens. On te other hand, (and this isn't directed at you), but constant cop bashing also has a negative effect on police officers and make them feel as if it is an us/we situation. It may even cause them to leave this honorable profession.

Folks are Innocent until PROVEN Guilty and unless there is overwhelming cause to charge someone it just shouldn't happen.
Well, actually the standard for arrest is probable cause (much, much less than overwhelming cause), but that's a whole nother several page thread :)

Out of curiosity how do you personally feel about CCW in Maryland?
I'm all for it. I have no problem with law abiding citizens carrying weapons. The bad guys already do it. I figure a law abiding citizen with a gun just evens the odds a bit.

Have folks you work with voiced an opinion on CCW?
Its not something that comes up much, but I think the younger guys aren't too big on it just because they are ignorant of the facts. The older guys I know support a shall issue law.

[jpk1md]

Thanks Vince, the candor is always appreciated.

[Vince]

Enjoy yourself at the shoot tomorrow. I wish I could join you.

[VNVGUNNER]

It's good to hear your side Vince, I may not always agree with it , but I try to stay open minded about these things.

[Vince]

It's good to hear your side Vince, I may not always agree with it , but I try to stay open minded about these things.

I realize that my perspective is different from most, due to my line of work, and it's always good to hear another side of the argument. It makes one a more well rounded person and helps keeps things in perspective.
I'd be upset if this incident didn't bother people. I just don't think there's reason to believe its a massive problem, relatively speaking.

[Vince]

Another perspective (from the Annapolis Capital newspaper):

Guest column
Let's not rush to judgment on raid
By Chief JOSEPH JOHNSON
While your editorial headlined "After bungled police raid, apology is mandatory" (The Sunday Capital, June 10) was somewhat on point, many of your assertions were incorrect.

The Annapolis Police Department did indeed engage in a dynamic entry into the wrong apartment on June 6. The department has apologized for this mistake several times.

On the night in question, immediately upon realizing that a mistake had been made, the lieutenant in charge of the operation apologized to the residents of the apartment and asked if they needed medical help or any other type of assistance.

Realizing that there was a language barrier, the officers on the scene called in our bilingual community relations specialist to once again convey the department's deepest and most heartfelt apologies and to again offer help.

A Hispanic minister went to the home under our auspices on June 9 to check up on the family and apologize once again.

Concerns that my department should apologize should now be allayed. We have apologized, and we are sorry for the mistake.

What I have not done - and cannot do until the investigation into this incident is complete - is respond to allegations that have been made about my officers. These allegations are, unfortunately, being reported as facts.

It has been reported, as fact, that officers kicked a man in the groin and pushed two women to the ground. At this point, these are allegations. Our investigation is ongoing.

If these incidents indeed did occur, they constitute excessive force, and I will personally and publicly apologize.

If, as has also been reported, our officers were callous and unfeeling in verbal responses to these citizens, I will also apologize for those comments.

However, I cannot and will not apologize about or respond to allegations. My officers deserve my respect and have the same right to be considered innocent until proven otherwise that is afforded every citizen of this community and this country. For me to apologize for things that may or may not have occurred would not only be unfair, but would be illegal under those sections of the Maryland Code that entitle police officers to due process.

The Law Enforcement Officer's Bill of Rights states that allegations of brutality against a law enforcement officer may not be investigated unless a complaint is sworn under oath by the aggrieved individual, a member of his or her immediate family, or a person who observed the alleged incident.

This incident is under review by our internal affairs office and may be reviewed by the state prosecutor's office. I welcome the scrutiny.

It is also important to understand a bit about dynamic entry. While a raid is in progress and technology like flash grenades is in use, the officers involved must focus entirely on the moment. Their very lives may depend on it.

As chief of police, I am responsible for the safety of the citizens of this community. I take that responsibility seriously. I also take responsibility for the life-and-death issues that my officers encounter every day.

I want to be sure that they have the most up-to-the-minute training, equipment and technology available. I want them to be free to concentrate on the dangerous business at hand, knowing they have my full support on every level.

I don't want to have to be the one to tell a mother, wife, husband or child that their loved one isn't coming home because they were distracted and their chief let them down

Our investigation will reveal how this incident happened and review our accountability procedures to assure that this kind of mistake does not happen again.

Meanwhile, I respectfully request that some members of the press and the public slow down their collective rush to judgment on these officers.

Let's wait to see what the report has to say.

---

The writer is the chief of the Annapolis Police Department.

[Norton]

It's a good letter. He's right that, in this electronic 24 news cycle, that many times the facts are victims of just getting something in print.

[jpk1md]

There are always at LEAST two sides to every story....I just wish MSM would present more than their biased agenda based stories and fairly represented issues with the FACTS.