Tuesday, March 1, 2016
Review of immunity plea denied by SCOTUS for Indiana police who raided home of elderly woman with SWAT and flash-bangs after internet threats directed at police
I found notice that cert had been denied here, SCOTUS rejects Evansville SWAT raid, death penalty appeals.The district judge originally denied immunity and police were denied again at the US Court of Appeals. The 8 page ruling is an easy read with details of the many ways things went wrong. Here's the last sentence:So while the defendants are correct to point out that a reasonable mistake committed by police in the execution of a search is shielded from liability by the doctrine of qualified immunity, Anderson v. Creighton, 483 U.S. 635, 641 (1987), in this case the Evansville police committed too many mistakes to pass the test of reasonableness.Tl;dr;Lady had open Wifi access that a neighbor two houses down used to post threats against police on a Topix message boards. Cops got the IP address and quickly decided to raid the associated home without a reasonable investigation.Police noticed the open WiFi before the raid as well as the neighbor who had a history of threatening police. It was suggested they investigate further but that was evidently drowned out by other cops calling for blood.The SWAT team had a knock-and-announce warrant, but later admited the knock part was just a distraction so they could throw in flash-bangs. Good thing they invited a TV crew along to film their fuckup live. It's doubtful the short time they waited before busting through the door after knocking would have been noted without video.Speaking of that video, here's the original 3 minute TV news clip shown after the raid by the news crew that had been invited to attend. They are clear in their praise of these 'brave officers.'Here's a 10 minute video from a cop's helmet cam if you're interested. The small girl is 18. Notice at the end how proud they are of their work.
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