Friday, January 31, 2020

A "No Knock" Drug Raid Leaves A Three-Year-Old Girl In The Hospital

I am normally supportive of police officers and police departments as much as I can be in a given situation, having served for several years as a Texas peace officer.  Some say I am a little TOO supportive of the police, and perhaps I can be from time to time.  But a recent event in Midland has caused a lot of controversy, and has brought a lot of criticism, for the Midland Police Department.  Unfortunately I find myself being in a position of not supporting the police on this one.

Late in the evening on January 22, 2020, the Midland Police Department, led by the SWAT Unit, conducted an unannounced (sometimes called a No Knock) drug raid on a particular residence.  In fact, this was the SECOND drug raid on this residence.  As a prelude to knocking down the front door, the police threw a "flash bang" grenade through one of the windows of the residence.  As the officers then knocked open the front door, a sixteen-year-old boy ran toward the officers with something in his hand, and at least one officer fired his weapon, striking the young man in the arm.  The young man took shelter and began telling the police that his three-year-old sister was in a bedroom.  Police say that at about this time the little girl ran out of the bedroom and was bleeding very badly.  A quick exam showed that she had been shot in the back.  No adults were present in the home at this time, and - at the time of this writing - the police have not flat out stated whether or not the sixteen-year-old had a gun or knife in his hand, or had anything at all in his hand.

Luckily no one was killed in this "no knock" drug raid.  The young man was treated for his wound and placed in the local juvenile detention center, for what charge, we do not know at this time.  The little girl was in critical condition and was airlifted to a children's hospital in Lubbock for advanced medical treatment.  At the time of this writing she is still in the hospital.  She may even have permanent injuries, that is still unknown at this time.  A big question remains: Will she have permanent emotional scars from this incident?  Only time will tell.

These two children are two of the latest victims of the never-ending "war on drugs."  I think the "war on drugs" was "declared" in the late 1960's.  This "war" has never come close to being "won," nor do I think it will be won, by government agencies, but only by a change in people's habits, although this is a blog for another story.  I digress...

My first observation on the January 22nd drug raid is that this was the SECOND drug raid on the residence.  The owner (the children's father) was the suspect in that incident, yet he was not in jail or prison at the time of this raid.  In fact, he was not even AT HOME when the raid occurred.  He had apparently left his oldest child in charge of the youngest.  This is speculation, because so far no information has been made known as to where the mother was at the time the raid occurred.

My second observation is that the police seemed to have done little to no surveillance prior to this raid, or they would have known that the prime suspect was not in the house.  I hate to go to the next logical thought, but there is the possibility that the police DID conduct surveillance prior to the raid, KNEW the father was gone, KNEW the children were in the home alone, and thus KNEW that there was no reason for a "no knock" drug raid, because there was no one home who would attempt to destroy the evidence when police knocked on the door and IDENTIFIED themselves before breaking into the house.  Either way, this ill-advised drug raid very nearly cost two innocent children their lives.  Even though I am a former officer, I can say this loud and clear: NO AMOUNT OF DOPE, and NO DRUG DEALER, IS WORTH THE LIFE OF A SINGLE INNOCENT PERSON - LET ALONE TWO CHILDREN!!!!!

Here I will back off just a bit to say that I was not there, so I cannot put myself into the shoes of the officer or officers who shot at the teenager - maybe he WAS armed.  An officer has the right to defend himself or herself, even in a no knock drug raid.  But here I will get back on my soap box again.

My third observation: Any person has a right to defend his or her home against break-in. Think about this.  You are sitting in your home.  It is dark outside.  Maybe the neighbor's dog has suddenly started barking.  Suddenly something shatters a window.  You suddenly think about your family, about protecting them at all costs.  You grab a knife, a gun, whatever you have at hand, and you run to face the danger.  Suddenly the front door splinters and masked men in military gear come through the door, maybe yelling something, maybe not.  You act. You fire your weapon, something hits you, you are bleeding, and you go down.  It is only then that you hear someone yelling "POLICE - STAY DOWN!  KEEP YOUR HANDS WHERE I CAN SEE THEM!

Now think about this.  An adult in this situation would be afraid, would be worried about the other family members.  Try to think about how this sixteen-year-old felt.  He must have been terrified.  Then he hears his little sister crying, sees her covered with blood.  Would you be calm and cooperative in this situation?  Perhaps the juvenile was not, I don't know.  But after coming close to being killed, after seeing his sister seriously injured, can you blame a person for not being calm and cooperative.

Like I said, I try to support the police when I can, but I am a little weak on police support in this incident.  And I know that this scenario plays itself out across the nation many times every day.  But the drug war goes on, as witnessed by the turmoil and death that even now is still going on in Mexico, with no end in sight.  Certainly "no knock" raids have made no significant impact on the continuing "War On Drugs."

There is no end in sight for "no knock" drug raids, either, it appears.  This is what really concerns me.  Every person has the right to defend his or her family, home, and property.  This means EVERY PERSON, including criminals.  Even a "dope dealer" has the right to these things, because the masked man breaking down the door might NOT be a police officer.  I know that if a person broke down my door and entered my residence, he would very likely NOT walk out under his own power.  I would do everything I could to defend my family and my home.  Under the stress of that moment, would I even be able to hear the person yelling "POLICE"?  How many shots would I have fired by that point.  It would not matter if I were not the "suspect," or if the police had gone to the "wrong" address.  When someone breaks into another's home, the occupant has to act quickly if he or she intends to save his or her loved ones.

"No knock" raids, or searches, are special situations that can only be approved by a judge.  True, ALL search warrants must be approved by a judge, but search warrants in which an officer requests a no knock entry require special approval, based on extenuating circumstances which must be articulated so that the no knock entry is justified.  A judge is not required to grant a no knock entry.  To do so, the judge must be satisfied that there is significant risk to officers or significant chance of losing valuable evidence.

Back to the Midland raid.  First of all, there has been no information made public as yet that showed the need for a no knock entry.  Second, there has been no information provided by the police as to whether or not officers knew one or both parents were not in the house.  Conversely, it is possible that the police did know the two children were alone, but that information has not been made public, nor will it be, at least before the inevitable lawsuits are filed.  But if the police had availed themselves to good intelligence, that is, to proper surveillance, and if they knew the two children were in the house alone, there was really no reason to enter the house without announcing themselves.  The two children would more than likely NOT have destroyed evidence, which they quite likely knew nothing about.

In the wake of this tragedy, the near death of two children, and the severe wounding of one of those children, it is my hope that the Midland Police Department, and any departments that are aware of this incident, will change the way they handle drug raids, including surveillance just prior to the raid.  I certainly hope that police agencies will re-evaluate the need for no knock drug raids, and will use this tool in a way that courts intended, and that is for only the most dangerous of raids, where loss of life, or loss of extremely valuable evidence, could warrant the forfeiture of one of our most basic rights, that is the right to be secure in our homes and free from unreasonable search or seizure.

May God continue to care for this little girl and grant her a full recovery.

I still support the police, but only when they act reasonably and responsibly.   May the Good Shepherd keep all officers safe as they perform their duties - that is to PROTECT and to serve the public.




No comments:

Post a Comment

A Severe Blow to the Pride, Integrity, and Guts of Texas (and some Federal) Police

I have taken some time away from blogging, maybe I even gave up blogging.  But the recent and terrible murders in Uvalde, and the disgracefu...