[pharmaclid]

In 2006, a SWAT team barged into a California home in search of a suspect who was already serving a two-year sentence for receiving stolen property. Now, the Ninth Circuit Court of Appeals has ruled the family who was present at the time of the raid can sue over the incident.

Police entered the home of Hope and Javier Bravo, Sr. in April of 2006 in search of the couple's son, Javier Bravo, Jr., who was suspected of storing weapons used in a 2006 drive-by shooting, Courthouse News Service reports. Officials obtained a search warrant to enter Bravo's last-known residence, but failed to recognize the affidavit stated Bravo had been behind bars for the last six months.

The official ruling from the Ninth Circuit court stated the family could sue the detective responsible for issuing what it called the "faulty warrant."

"Without sufficient proof that Bravo Jr. resided in the home, the SWAT team had no probable cause to serve the warrant," Courthouse News Service reported.

Upon entering the home at 5:30 a.m., police found Bravo's parents and their 8-year-old grandchild, who ran into the bathroom with his grandmother, Hope. An officer kicked the door open, pointed a gun and and instructed Hope and the child to lie on their stomachs, according to the court document in case of Bravo v. City of Santa Maria.

It was only after Hope showed them a letter her son had sent from jail that the SWAT team realized Bravo wasn't in the home. The Santa Maria Police Department subsequently searched the house and seized additional letters and photos.

Neither Hope, Javier Sr., nor the child were ever struck, handcuffed or touched by police, according to the document.


Senior Circuit Judge Michael Daly Hawkins wrote the opinion:

Hope Bravo and Javier Bravo Sr., along with their minor granddaughter E.B. (collectively "the Bravos"), appeal the adverse summary judgment grant in their 42 U.S.C. 1983 action arising out of the nighttime SWAT team search of their home for weapons suspected of being used in a drive-by shooting and stored in the Bravo home by their son, Javier Bravo Jr. ("Javier Jr."). The Bravos allege their Fourth Amendment rights were violated by the issuance and execution of a search warrant whose application failed to disclose that Javier Jr. was at that time, and for over six months had been, incarcerated in the California prison system and therefore not only was not present in the Bravo home, but more- over could not have been involved in the shooting or the storage of weapons used in it. Because the Bravos presented sufficient evidence establishing a genuine issue as to whether Santa Maria Police Department ("SMPD") Detective Louis Tanore's ("Tanore") omission of this material fact was intentional or reckless, as opposed to merely negligent, we reverse the summary judgment grant in his favor and remand.

[+++Poguru+++]

Neither Hope, Javier Sr., nor the child were ever struck, handcuffed or touched by police, according to the document.



like that is suppose to count towards something.......and they are lying.

no jackboot that kicks in your door can keep their hands to themselves.

its impossible

[Stengapsept]

Neither Hope, Javier Sr., nor the child were ever struck, handcuffed or touched by police, according to the document.
like that is suppose to count towards something.......and they are lying.
no jackboot that kicks in your door can keep their hands to themselves.
its impossible

I disagree as this was a civil rights suit most likely brought by an attorney paid on percentage of damages recovered, and since most are out to make as much as possible any damages would be wrung out like a wet rag.

Ponce, thanks for posting some examples of people recovering damages.

[wrefrinny]

Neither Hope, Javier Sr., nor the child were ever struck, handcuffed or touched by police, according to the document.



like that is suppose to count towards something.......and they are lying.

no jackboot that kicks in your door can keep their hands to themselves.

its impossible

As if having a machine gun pointed to your face as you're ordered to the ground is less traumatizing than if a cop put his hand on your shoulder.

[huntbytnkbel]

Ogden shootout: 1 officer dead, 5 officers wounded (3 critical) and suspect slightly wounded
[THE SALT LAKE TRIBUNE, Jan.05, 2011] Ogden • One lawman is dead and five other police officers and a felony suspect wounded after a firefight erupted during a late-night Wednesday drug raid in Ogden.

Ogden police identified the slain officer as Weber Morgan Narcotics Strike Force Agent...

Police confirmed Thursday morning that four other members of the strike force — three Ogden officers and one Weber County sheriff’s deputy — and a male suspect remained hospitalized. A Roy police officer also was wounded, but was discharged Thursday.

Police said the suspect, identified as Matthew Davis Stewart, 37 — under guard in his McKay-Dee Hospital room — suffered injuries that were not life-threatening...

According to Utah court records, Stewart’s only criminal conviction is for a class B misdemeanor count of operating a vehicle without insurance from 2005. Following a bench trial in the Weber County Justice Court, Stewart was found guilty and ordered to pay a $350 fine. Court records show the fine was paid in full. No other details on Matthew Stewart’s history were immediately available.

The wounded lawmen were identified as Ogden officers Shawn Grogan, 36, in critical condition; Kasey Burrell, 33, in critical condition; and Michael Rounkles, 29, also listed as critical; Weber County Sheriff’s Sgt. Nate Hutchinson, in serious condition. Grogan, Burrell and Rounkles, as well as Stewart, were at McKay-Dee Hospital. Roy police Officer Jason Vanderwarf was treated at Ogden Regional Medical Center and later released, the hospital confirmed.

All the officers were wearing protective vests at the time of the raid, police said. "He was doing exactly what he wanted to do," Frisby told The Salt Lake Tribune Thursday morning by phone from Las Vegas. "He called this his dream job. ... He worked his way into the position that he’s in now and he was doing exactly what he wanted to do." (attacking US homes in the night)

[Lån-Penge]

Neither Hope, Javier Sr., nor the child were ever struck, handcuffed or touched by police, according to the document.

No it's true... they just spoke gently too them... no harm done

[cheesypeetyz]

No it's true... they just spoke gently too them... no harm done

I can't believe the documentaries they put on tv these days!

hehe

[quottrethew]

From the related vids on the Boyz in the Hood clip:


http://www.youtube.com/watch?v=z1IGcYGpzyU


WOW!
Dirty cops caught stealing attorney's documents in court from her brief case

[h98hhYxM]

Absolutely priceless.

That is what the sheep entrust to protect them from the bad guys

But I repeat myself