Judge Not Too Concerned That 68-Year-Old Woman's House Was Raided Because Someone Used Her Open WiFi To Post A Threat

from the an-IP-address-isn't-a-person dept

Wed, Jan 14th 2015 9:33am — Tim Cushing

We've written before about faulty legal activities based on nothing stronger than an IP address. An IP address is not a person, but many entities have decided it's "close enough." Fortunately, the judicial system has (occasionally) stepped in to correct this assumption, usually in the context of copyright infringement lawsuits.

There are those in the law enforcement arena that know an IP address can't be used as an identifier. Careless statements get made about the "danger" of open WiFi connections, or it's suggested that accessing open networks should be illegal. This doesn't have much to do with keeping citizens safe, but it does have everything to do with easing law enforcement's investigative workload.

A lawsuit filed against the Evansville, Indiana police department is being allowed to move forward. [pdf link] The suit centers on the raid of a 68-year-old woman's house -- a raid predicated on an IP address related to an unprotected WiFi connection.

In June of 2012, threats against the police department were posted to Topix.com.

The following posts were discovered under the heading “EPD leak!!! All officers addresses are being passed around Evansville”:

“Me n my boys need them copys asap.need to pay a few a visit.”

“[Chief] Bolin lives behind parkside”

“Lol at all da cops commenting,f#+k the police.you mfs need to b taught a lesson,always harassing n violating mfs rights. 4th of July a cops house gonna got hit.dont care about your kids or btchs lives.I dnt even care about my own life.I got my reasons…times ticking.?”

“Cops be aware.Note:I am proud of my county,but I hate police of any kind..I have explosives.:) made in America.Evansville will feel my pain.guess who’s in the river.”

The police -- possibly tipped off by a news reporter (there were also unverified claims about the FBI contacting the EPD) -- began an investigation. The EPD subpoenaed Topix and the local cable provider to discover the user's information. The information traced back to 68-year-old Louise Milan's house. Information was verified by police wardriving, confirming that there was an open WiFi connection in the vicinity of Milan's residence.

Also discovered during the initial surveillance was known gang member Derrick Murray, who was two houses down sitting on his mother's porch.

A search warrant for the Milan residence was obtained, but notably did not include mention of either Derrick Murray or the unsecured wireless network. Instead, the warrant request asserted that the device from which the threats had been posted was actually in Milan's home.

The request also stated that “in order for a particular electronic device to utilize a particular IP address, . . . [it] requires the electronic device to be IN the residence of 616 E. Powell Avenue to access the internet provided . . . to the residence.”

Further investigation uncovered the criminal activities of Milan's stepson, Anthony Milan and HIS son, Anthony Milan, Jr. This was used by the EPD -- despite neither of these Milans having resided at Louise Milan's residence for over four years -- to tie Milan's home in with the online threats.

Using this information -- much of it faulty or circumstantial -- the EPD determined that the only "safe" way to approach the Milan residence was a SWAT raid. This plan moved ahead despite statements made indicating the EPD knew it was raiding the wrong person's house.

This decision was made, and ultimately carried out, despite the fact that Murray—and not Milan or her relatives—was identified during the “pre-raid briefing” as likely being “ultimately responsible” for the threats.

Helmet cam video of the raid shows how it went down. It was not a "no-knock" warrant, but the "knock" delivered by the SWAT team had very little to do with announcing its presence and everything to do with giving itself permission to smash through the front door and hurl flashbangs into the house.

Louise Milan and her 18-year-old granddaughter were cuffed and led from the house at gunpoint. Their computer was seized. Two days later, the police raided Derrick Murray's residence and recovered the device used to post the threats to Topix. Notably, Murray watched the raid of Milan's house go down from the comfort of his mother's porch.

Shortly thereafter, Milan filed suit against the police department and the city of Evansville, claiming her rights were violated by the SWAT team raid. [pdf link]

Judge William T. Lawrence addresses each of Milan's complaints and, unfortunately, dismisses most of them. For Milan's claim of unreasonable search and seizure, Lawrence states:

When Detective Brown made this statement, however, he knew that an unsecured Wi-Fi network in a residence may be accessed from outside the home. The Court is troubled by Detective Brown’s statement. Even so, the Court finds that his statement did not render the search warrant invalid. Even if Detective Brown had stated that Milan’s router could be accessed from outside the home, the warrant would still be supported by probable cause. The threats were made using Milan’s IP address; “though it was possible that the transmissions originated outside of the residence to which the IP address was assigned, it remained likely that the source of the transmissions was inside that residence.”

The dismissal of the false arrest claims follows in line with Judge Lawrence's determination that the search warrant was valid, despite Detective Brown's false assertions. If the search warrant was valid, the detainment was valid. That Milan was only detained for 20 minutes also factored into this decision.

But when it comes to Milan's accusation of unreasonable force, Judge Lawrence finds enough evidence to allow the lawsuit to proceed.

Officers are allowed to use tactics and force they deem necessary to control a potentially dangerous situation. Law enforcement agencies are granted a lot of leeway by the courts when it comes to raids like these. But Judge Lawrence finds the EPD's assertion that the methods used were necessary because of the potential danger short on evidence of actual danger.

He points again to the the fact that the pre-raid briefing made it clear that Derrick Murray -- not anyone in the Milan residence -- was the most likely suspect. The fact that the posted threats declared July 4th (still two weeks away at the time of raid) to be the day the acts would be carried out also indicated that there was minimal danger in approaching the Milan residence.

Furthermore, the police chief invited a news crew to be on hand for the raid (as "repayment" for the threat tip) -- again suggesting the danger level was rather low. Coupled with the fact that the SWAT team broke through the glass door and threw (rather than carefully placed) distraction devices into the home within seconds of arrival brings Judge Lawrence to the following conclusion.

It is questionable whether the officers had sufficient time to look inside to ensure that no one would be injured by the devices. It is also undisputed that the officers were not carrying a fire extinguisher during the search. These facts lead the Court to conclude that there are questions of fact regarding whether the Defendants’ actions were unreasonable and excessive. Thus, summary judgment on this issue is not appropriate. The Court therefore DENIES summary judgment as to this claim.

Then Judge Lawrence goes further, declaring that the excesses of the EDP's use of force are enough to strip it of qualified immunity.

As detailed above, the decision to use the SWAT team and the distraction devices was made based solely on the nature of the threats and the small possibility that Milan, Sr., Milan, Jr., or Marc were responsible for the threats and would be found inside Milan’s home—that is it. The officers, however, did not see any of those men enter or leave Milan’s residence during their period of surveillance. Additionally, the officers suspected that Milan’s WAP was unsecured and that Murray was “ultimately responsible” for the threats long before they executed the search warrant at Milan’s home. Thus, there was little—if any—evidence that they would encounter a violent person. As discussed above, there was also no emergency situation (as the threat was for July 4), the officers did not carry a fire extinguisher, and the videos arguably indicate that the officers did not have sufficient time to look inside the residence for individuals who might be harmed before tossing (rather than placing) the distraction devices into Milan’s home. Lastly, there did not appear to be a dangerous point of entry. It was a clear day, and the front door (but not the storm door) was open when the SWAT team arrived.

For these same reasons, the Court also concludes that the EPD’s use of force “so clearly exceeded the bounds of reasonableness in the circumstances that it cannot be said to lie near the ‘hazy border between excessive and acceptable force’ along which qualified immunity shields officers from liability for their snap judgments, if those judgments prove to be wrong upon further reflection.” Id. at 786. These were not snap judgments; they were methodical and deliberate decisions, which were based on limited facts and an incomplete investigation. A reasonable officer would know that the EPD’s actions were constitutionally excessive.

While Judge Lawrence's decision to overlook Detective Brown's portrayal of an open WiFi network as a positive indicator of a device's location is unfortunate, his refusal to grant summary judgement against claims of excessive force and his stripping of the principals' qualified immunity somewhat mitigates this. This entire debacle was based on a purposefully wrong assertion, but the Evansville PD has been spared having to answer directly for this misrepresentation.

Louise Milan v Evansville (PDF)Louise Milan v Evansville (Text)

Milan v Epd (PDF)Milan v Epd (Text)

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Filed Under: evansville, indiana, open wifi, police, swat team, wifi

69 Comments

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Reader Comments

The First Word

“

They won't get even a wrist slap. Instead, the taxpayers will get another bill from a damaged citizen.

The problem with that is that it doesn't affect the individuals that committed the infraction.

I suggest that when someone's rights are violated, that each of the violators be required to pay 1% of the award, within limits of not less than $100 (1% of a $10,000 award) nor more than $10,000 (1% of a $1 million award).

Let's see their enthusiasm for violating civil rights when their pocketbook is picking up the tab along with the taxpayers.

—Coyne Tibbets

”

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Ninja (profile), 14 Jan 2015 @ 8:16am

Oh, come on, no baby was burned this time. And there was a dangerous sexagenarian in there! Why all the ruckus? /sarcasm

Here's hoping the ones responsible for giving the orders get more than a wrist slap.
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Anonymous Coward, 14 Jan 2015 @ 9:41am

"Careless statements get made about the "danger" of open WiFi connections, or it's suggested thataccessing open networks should be illegal"

So now it would be "illegal" to not have security, but on another, i.e. encryption.....it would be "illegal" to have security......

Increasing the ability to positively indentify after their spying attempts is what it is...........all roads lead to spying
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 9:45am

Someone needs a SWATing
Like say... the judge in this case!

After he sees what it is is like to be a bitch, then maybe he would understand. Doubt it though!
[ link to this | view in thread ]
mcinsand, 14 Jan 2015 @ 9:47am

this sounds like an opportunity for a rival news team
"Sure, go ahead and watch the other guys. If you do, then you're supporting flash-banging innocent homeowners. Watch us, instead. As long as you give us high ratings for being responsible, we might behave responsibly.'
[ link to this | view in thread ]
DannyB (profile), 14 Jan 2015 @ 9:50am

Protecting and Serving
Winning the hearts and minds by the vicious cycle of Protecting* and Serving**.

* protecting themselves from community outrage due to excessive use of force

** serving no-knock warrants on what they know to be the wrong house, fueling community outrage, requiring more Protecting
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 9:53am

I think that people who think that SWATting is a funny prank deserve to be whipped.

On the other hand, it might not be half as bad if SWAT teams exercised some form of rational thinking before they waded in with enough gear to start a land war in Asia.
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That One Guy (profile), 14 Jan 2015 @ 9:53am

Some good, some bad
The fact that the judge dismissed part of the case is disappointing, but the fact that he was willing to rule such that the police would lose qualified immunity when the lawsuit went forward seems pretty significant.

That's pretty huge, unless I'm mistaken that means they can't just hide behind their badges in the lawsuit, but actually have to justify their actions, which might take some doing considering just what they did.
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Anonymous Coward, 14 Jan 2015 @ 9:59am

Re: Protecting and Serving
Serving Threats and even Lead in some cases... they won't hesitate to let you down 6 feet either!
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 10:03am

Re: Someone needs a SWATing
Swatting would never happen to a judge. Someone needs to wardrive his wifi and send threats from him. If that doesn't work continue down the police department until all of them have federal investigations going for threats to the president or something.
[ link to this | view in thread ]
indolent (profile), 14 Jan 2015 @ 10:09am

"Two days later, the police raided Derrick Murray's residence and recovered the device used to post the threats to Topix. Notably, Murray watched the raid of Milan's house go down from the comfort of his mother's porch."

It's like the police were trying to make it harder on themselves by giving Murray two days to hide the evidence. They're just lucky he was dumb enough not to.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 10:12am

Look at that ridiculous video. It has Call of Duty written all over it. So much for video games having zero negative effects on the people who play them.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 10:14am

Re: Re: Someone needs a SWATing
I am sure he would get swatted, they would just treat him better during the swatting than they do us normal serfs.

The whole point of a swatting is to raise an alarm urgent & serious enough that they will not slow for any due diligence before just locking & loading up and rolling out.

You idea might better but there is still the chance they will basically sweep his crimes under the rug... there are a lot of already criminal judges getting a pass.
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John Fenderson (profile), 14 Jan 2015 @ 10:16am

Re:
"I think that people who think that SWATting is a funny prank deserve to be whipped."

I think that the fact that SWATing is even remotely possible is a strong indication that SWAT teams need to be disbanded until/unless the copious problems with them are effectively addressed.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 10:20am

Re: this sounds like an opportunity for a rival news team
Unfortunately, history has shown that in general, people would rather watch the SWAT team in action than watch responsible journalism.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 10:20am

Re: Re:
Totally agree. Police have been given this power and have shown that they are unable to wield it with any amount of restraint.

Time to take the toys away.
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Anonymous Coward, 14 Jan 2015 @ 10:29am

Too many toys
Once again, a podunk police department has a swat team, and they are dying to use it. Evansville, Indiana, popluation 120,000, is bigger than that county in Georgia that sent their swat team to kill a homeowner for reporting a burglary, but not by much. I don't believe for one second that a community of that size has any justification for a swat team.
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Quiet Lurcker, 14 Jan 2015 @ 10:30am

Judge FAIL now presiding....
Where, as here, the judge allowed the prosecutors to get away with a deliberate LIE in their application for a warrant or writ, the judge is as guilty, if not more so (he or she should know better, unless trying to duck the issue by intentionally giving the plaintiff grounds to appeal) than the cops who broke in, the prosecutor who signed the application.....
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NoneOne, 14 Jan 2015 @ 10:30am

Excessive Force
Like using a SWAT team to take out a fly.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 10:35am

it's because of the 'matter of fact' attitude of those who are supposed to have the common sense, the legal sense and the knowledge to look after people, that the people have such little faith in them and in the legal/justice system itself. this woman's rights were obviously violated, but regardless of what positive conclusions he came to, he completely ignored the very things that should have been at the top of the list. i dont know if she can or will appeal, but the case needs to be heard by someone who is not so skewed towards backing the police!!
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Anonymous Coward, 14 Jan 2015 @ 10:38am

Armed militants invaded a citizen's legal residence and abducted the citizens at gunpoint, then proceeded to steal their possessions.
Deemed acceptable by overseer.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 10:39am

Re:
"Here's hoping the ones responsible for giving the orders get more than a wrist slap."

Unfortunately, they are unlikely to get even that.
[ link to this | view in thread ]
tqk (profile), 14 Jan 2015 @ 10:53am

Re:
Thank goodness that sexagenarian wasn't using encryption, 'cause then the authorities would have been completely in the dark and going in blind! Then again, there are none so blind as those who will not see, as in these cops.

It's nice to hear no dogs were shot.
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New Mexico Mark, 14 Jan 2015 @ 10:54am

Re:
Enact a new federal law. If no felony convictions occur that are directly attributable to a planned SWAT raid, the organization authorizing the raid should have to automatically compensate all victims present at the raid a minimum amount ($5k?) each for physical damages and emotional distress.

This should be automatic and proactive. The victim(s) should not have to petition, appeal, file, etc.

It might be even more interesting to specify that these fees must be paid by police unions where applicable. That might temper unions' knee-jerk defense of indefensible actions.
[ link to this | view in thread ]
aldestrawk (profile), 14 Jan 2015 @ 11:04am

Re: Too many toys
I am wondering if there was motivation to use the SWAT raid as a training exercise when they knew ahead of time that it was not needed.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 11:23am

What if it WASN'T an open wifi?
It's well-known that there is a vulnerability in the WPS protocol, which can be exploited to reveal the password for a closed wifi, no matter how strong it is. Google for "reaver-wps" for details.

Would they believe the router owner wasn't the culprit in that case? Everyone knows that "open wifi" means "anyone can use it", but not everyone knows that "non-open wifi with WPS enabled and firmware older than a certain date" also means "anyone can use it".
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 11:24am

I really liked the part in the video where all those big badass SWAT guys handcuffed a grandmother "for their safety". Fucking cowards.
[ link to this | view in thread ]
Capt Turk, 14 Jan 2015 @ 11:25am

Re: Re:
There is one problem with being responsible for damages where there is no felony conviction. If they operated by a rule like that, EVERY entry would result in a felony charge. They will fabricate something if necessary, and plant evidence if necessary to get a charge and conviction.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 11:40am

Re:
What the fuck are you even talking about.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 11:59am

Re: What if it WASN'T an open wifi?
it is kind of nit-picky, but you're correct. there are enough vulnerabilities in home routers that the vendors won't even bother patching after x amount of time (usually x = (release date - 2 months)). one of the most prevalent home routers, the WRT54g has had this bug since the introduction of Wifi-Protected Setup (WPS). i don't believe Linksys ever released a firmware that fixed this, but even if they did most home router owners don't even know that they have the capability (if not the responsibility) to patch their routers. this doesn't even improve in the ISP provided modem/router combos that are supposedly professionally managed.
[ link to this | view in thread ]
tqk (profile), 14 Jan 2015 @ 12:23pm

Re: Re:
... the organization authorizing the raid should have to automatically compensate all victims present at the raid a minimum amount ($5k?) each for physical damages and emotional distress.

I'm sitting at the kitchen table, chatting with my daughter, and sipping a morning cup of coffee. Porridge is bubbling on the stove, and the TV is catching me up. Out of nowhere, a window is smashed, somebody tosses in grenades, and there are shouts of "Get down on the floor with your hands behind your head" with automatic weapons leveled at us, ... for running an open wifi?

$5k ain't going to cut it. Triple it at least, and then we'll see what the lawsuit on top of this comes up with. I'm looking for a lot of firings here, just to start. These idiots aren't just incompetent. They're lazy too.
[ link to this | view in thread ]
David, 14 Jan 2015 @ 12:46pm

Not that bad of a decision
Given the open wifi, it wasn't totally unreasonable for them to execute a search warrant on the Milan house. It should have been an officer showing up, and saying "Can we talk?". The judge did come to the correct conclusion that the SWAT team was completely absurd and that part of the cast (which I feel is whole crux of the issue) can move forward.
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John Fenderson (profile), 14 Jan 2015 @ 12:47pm

Re: Re: What if it WASN'T an open wifi?
WPS is vulnerable even in the absence of bugs in the AP. It's much less vulnerable than WEP was, but remains a security risk nonetheless.
[ link to this | view in thread ]
John Fenderson (profile), 14 Jan 2015 @ 12:48pm

Re: What if it WASN'T an open wifi?
The police confirmed that it was an open WiFi through their own wardriving.
[ link to this | view in thread ]
John Fenderson (profile), 14 Jan 2015 @ 12:51pm

Re: Not that bad of a decision
This, although the use of the SWAT team means it was a terrible decision in my view.

I intentionally run an open WiFi and do so knowing that it may mean that I get hit with a search warrant (although I've been doing this for a couple decades now without incident). If a warrant were served in the manner you describe, I would have no problem with it. I understand.

If, however, a SWAT team busts down my door then lawsuits will certainly ensue.
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David, 14 Jan 2015 @ 12:55pm

Re: Re:
Would you want to slap a wrist holding a gun with security off?
[ link to this | view in thread ]
David, 14 Jan 2015 @ 12:56pm

Re:
I think that people who think that SWATting is a funny prank deserve to be whipped.

In this case, this would be the police.
[ link to this | view in thread ]
bdj, 14 Jan 2015 @ 12:58pm

If I were a psychopath, I would become a cop because they have the power to get away with their crimes. oh, wait...
[ link to this | view in thread ]
David, 14 Jan 2015 @ 1:00pm

Re: Re: Not that bad of a decision
If, however, a SWAT team busts down my door then lawsuits will certainly ensue.

Bad idea to state this in public. They will make sure there are no survivors.
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Anon, 14 Jan 2015 @ 1:21pm

"Distraction Device" - (n. singular, euphuism) an explosive, also capable of serious injury and starting fires.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 1:43pm

Open wifi networks
This doesn't have much to do with keeping citizens safe
I think the conduct of this SWAT team calls that statement into question. Discouraging open wifi is exactly for the protection of the innocent citizens who will otherwise be attacked by under-informed and over-aggressive SWAT teams.
[ link to this | view in thread ]
tqk (profile), 14 Jan 2015 @ 2:00pm

Re: Re: Not that bad of a decision
If, however, a SWAT team busts down my door then lawsuits will certainly ensue.

I hope you survive the assault in order to file them.
[ link to this | view in thread ]
tqk (profile), 14 Jan 2015 @ 2:07pm

Re: Open wifi networks
You're sick, and I like your attitude.
[ link to this | view in thread ]
David, 14 Jan 2015 @ 2:18pm

Re: Re: Not that bad of a decision
Just for clarity, the 'decision' I was referring to was the judges. The decision of the SWAT team to execute the warrant (fortunately avoiding executing granny and dogs) was a horrible decision.
[ link to this | view in thread ]
David, 14 Jan 2015 @ 2:19pm

Re: Open wifi networks
Do I mark this as 'funny' or 'insightful'...
[ link to this | view in thread ]
John Fenderson (profile), 14 Jan 2015 @ 3:05pm

Re: Re: Re: Not that bad of a decision
Yes, I realized my mistake after my comment. Sorry about that.
[ link to this | view in thread ]
John Fenderson (profile), 14 Jan 2015 @ 3:06pm

Re: Re: Re: Not that bad of a decision
If I don't survive, then I don't care anymore -- but it would just change who is filing the lawsuit and for what, not whether or not a lawsuit gets filed.
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Anonymous Coward, 14 Jan 2015 @ 3:08pm

Someone called them out and they took the bait. Afraid to say I might lose it if she were my grandma, may they rest in peace. Used to be we got stupid crook news, seems as of late we need a stupid law enforcement news too.
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AC OP, 14 Jan 2015 @ 5:16pm

Re: Re:
In this case, this would be the police.

I never considered that the pranksters and the SWATs had a symbiotic relationship. The prankster gets their jollies hearing about it on the news, the SWATs get to play with their toys.

I'm cynical enough to believe it.
[ link to this | view in thread ]
Coyne Tibbets (profile), 14 Jan 2015 @ 5:37pm

Re:
They won't get even a wrist slap. Instead, the taxpayers will get another bill from a damaged citizen.

The problem with that is that it doesn't affect the individuals that committed the infraction.

I suggest that when someone's rights are violated, that each of the violators be required to pay 1% of the award, within limits of not less than $100 (1% of a $10,000 award) nor more than $10,000 (1% of a $1 million award).

Let's see their enthusiasm for violating civil rights when their pocketbook is picking up the tab along with the taxpayers.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 6:29pm

Re:
Not only was Murray "the most likely suspect," the police actually took a news crew with them for the raid on Milan's house. The PD was basically advertising the fact that they were following a trail that would lead to the source of the threats. The cops weren't just wasting time and effort with an overboard raid, they were actually hurting their chances of getting evidence against their prime candidate.

This is stupid on so many levels, that I almost have to think that someone on the police force was intentionally waving a red flag in Murray's face, telling him to format his hard drive & toss his laptop in the river.

Maybe I've just seen "The Departed" too many times. In any event, it's lucky for the cops that Murray is the sort of guy who could be outwitted by a wilted cabbage.
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 6:55pm

So if a the local news station's TV camera crew hadn't been there recording the raid. The cops most likely would have gotten away with throwing flashbangs at 68 and 18 year old women. Way to screw yourselves EPD! Bravo. That PR stunt backfired spectacularly.

Obviously the defense (EPD) were trying to claim they threw the flash grenades in a "snap judgement" moment. Luckily there were cameras there to discredit their false statements. Proof once again that cops lie on the stand, regularly.
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Anonymous Coward, 14 Jan 2015 @ 6:57pm

I must've misread the article. Just to be absolutely sure I'm not missing something here...

The police told a judge that they found Milan's wifi network by secretly connecting to it from outside her house, and then asked for a warrant based on the fact that the only way to connect to her network was from inside her house?
[ link to this | view in thread ]
Anonymous Coward, 14 Jan 2015 @ 7:13pm

Re: Re: Re: Re: Not that bad of a decision
It won't possibly be a good outcome in any way. You'll be dead. Perhaps some distant relatives will get a payday, but chances are the police force will push for a quick settlement, reveal nothing, and of course pin the bill on innocent taxpayers. Then go back to business as usual, having learned nothing.
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PaulT (profile), 15 Jan 2015 @ 12:11am

"The Court is troubled by Detective Brown’s statement"

They're "troubled" by a detective withholding vital evidence from a warrant request that not only lied about the technology involved but left out details of the prime suspect? I would certainly hope so.

"it remained likely that the source of the transmissions was inside that residence."

...and at least equally likely that is was not. Having ascertained the nature of the router via "wardriving", it should have been blindingly obvious that *anyone* else doing the same thing would be able to access the router, be it a neighbour or someone sitting outside in a car for the length of the conversation in question, and having long since departed.

It's just fortunate that this wasn't another case where a raid is met with tragedy, but Brown endangered lives here at the very least.
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Leit, 15 Jan 2015 @ 1:00am

Re: Re:
$100 for the chance to throw flashbangs and break down doors? I suspect you underestimate the desire of these thugs to play Hollywood soldier. You'd get takers for that deal on every street corner.

$10k is more like it, but likely to be on the outer edge of what gets paid.
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Anonymous Coward, 15 Jan 2015 @ 1:54am

Re: Re:
Easily avoided plant a gun, have a swat member get a gunshot wound, take one for the team
[ link to this | view in thread ]
Robert, 15 Jan 2015 @ 3:16am

Contempt Of Cop
At least the swat team were showing some signs of guilt for their abusive actions, not many just a few. It is all pretty clear why the raid occurred, they were bored and wanted to have some safe, easy fun and who knows they might get to shoot people for contempt of cop.
[ link to this | view in thread ]
Padpaw (profile), 15 Jan 2015 @ 6:15am

criminal thugs got the chance to terrorize a defenseless old woman.

The gestapo would be proud
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Padpaw (profile), 15 Jan 2015 @ 6:18am

Re: Re:
how would they raid barber shops with expired licenses then
[ link to this | view in thread ]
Padpaw (profile), 15 Jan 2015 @ 6:19am

Re: Re: Too many toys
there is always time to train the citizenry to fear the police
[ link to this | view in thread ]
Padpaw (profile), 15 Jan 2015 @ 6:21am

Re:
it is conditioning the citizens to fear the police. Much like how the TSA conditions americans
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Padpaw (profile), 15 Jan 2015 @ 6:22am

Re: Re: Re: Re: Re: Not that bad of a decision
aside from learning they can murder with impunity and nothing will come of it
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Leit, 15 Jan 2015 @ 6:45am

Re: Re:
Suspect he's talking about the spectacular but impractical hollywood tactics used by the cops - and I do say hollywood, rather than CoD.

Either way, the comment's probably poor quality bait.
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John Fenderson (profile), 15 Jan 2015 @ 8:23am

Re: Re: Re: Re: Re: Not that bad of a decision
Well, my point is that I will not change my behavior because it might subject me to police abuse. That counts as giving in to a form of terrorism in my view.
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Anonymous Coward, 15 Jan 2015 @ 8:57am

Re: Excessive Force
It could be a weaponized fly spreading a mortal virus or a highly contagious infection, so it's probably justified.
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nasch (profile), 15 Jan 2015 @ 1:36pm

Re: Re: Re:
If they operated by a rule like that, EVERY entry would result in a felony charge.

He said conviction. No such law would ever be passed, but it's an interesting idea.
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nasch (profile), 15 Jan 2015 @ 2:39pm

Re:
The police told a judge that they found Milan's wifi network by secretly connecting to it from outside her house, and then asked for a warrant based on the fact that the only way to connect to her network was from inside her house?

That must be one dumb judge.
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Anonymous Coward, 15 Jan 2015 @ 4:38pm

United Fascists of America strike again.
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Reality bites, 18 Jan 2015 @ 12:54pm

What else could be expected from a feral monkey with a funny wig.
Judges are nothing more than the most odorous turd that floats to the top of the legal cesspool.

I'm sure if the entire family had been executed at gone point for nothing more than an IP pyschoboy judge would have been ecstatic.
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