Chicago PD Oversight Says Officers Racked Up 100 Misconduct Allegations During A Single Wrong Address Raid

from the you-have-to-be-impressed-by-the-efficiency dept

More than two years after Chicago police officers terrorized a naked 50-year-old social worker during the raid of a wrong address, the PD's independent oversight -- the Civilian Office of Police Accountability (COPA) -- has issued its report. How much of it will result in actual discipline remains to be seen, but there's a whole lot of misconduct to be had. (via FourthAmendment.com)

COPA’s investigation led to more than 30 interviews including officers, civilians, a member of the judiciary, an assistant state’s attorney and the Cook County Sheriff’s Department, as well as the review of hundreds of pages of documentary evidence and hours of video material relevant to this incident. The investigation produced nearly one hundred allegations of misconduct stemming from the actions of more than a dozen officers.

Anjanette Young's house was raided in February 2019. CPD officers bashed down her door just as she was headed to bed. Here's COPA's clinical description of that encounter, which still makes it pretty clear how traumatizing it was.

COPA’s investigation revealed that within entry to Ms. Young’s home, she was naked and immediately handcuffed. Within approximately 31 seconds after entry, an officer attempts to cover Ms. Young with a jacket and 14 seconds later covered her more fully with a blanket. Ms. Young remained handcuffed for nearly 10 minutes after which she was allowed to dress and then handcuffed again. In total, Ms. Young was handcuffed for nearly 17 minutes.

Young was handcuffed, covered in only a blanket, for more than 10 minutes. This was all captured by officers' body cams. However, the cameras were off when the officers decided to acknowledge the fact that they were in the wrong apartment.

This investigation wouldn't have happened without the release of the bodycam footage -- something that was initially blocked by the Chicago PD. Making matters worse for everyone involved, Mayor Lori Lightfoot pretended she'd never heard about the raid until the local news had covered it.

The mayor initially insisted she knew nothing about the raid until WBBM-TV (Channel 2) aired the video in December.

But after reviewing internal emails, the mayor was forced to admit she learned about the raid in November 2019, when a top aide warned Lightfoot about a “pretty bad wrongful raid” by Chicago police.

“I have a lot of questions about this one,” she wrote at the time to top aides.

Lightfoot went as far as to demand the resignation of a city attorney over the failure to release the recordings earlier despite Lightfoot being instrumental in helping withhold the records from the raid victim and journalists making public records requests.

COPA itself was unaware of the raid until it was asked by the Chicago PD attorney handling Anjanette Young's request for the recordings if there was an investigation underway. That was November 2019, seven months after the raid. The opportunistic PD then used this newly-initiated investigation as an excuse to deny requests for the videos.

This raid prompted calls for change from several city and state officials, including Illinois State Attorney General Kwame Raoul. The state sued the city over the PD's "pattern and practice" of violating rights in January of this year, demanding a consent decree that would drastically modify how the department handled search warrants.

The Chicago PD has had years to improve. But it hasn't. This traumatic wrong house raid isn't anything unusual for the department. It's just the latest -- one that managed to expose how much city officials will do to protect the department, despite publicly claiming they want better policing.

The same month the CPD raided Anjanette Young's house, they raided another wrong address, giving children celebrating a birthday the gift of lifelong PTSD.

A family in Chicago has filed a lawsuit, claiming that the Chicago Police raided the wrong home during a 4-year-old's birthday party.

Stephanie Bures, the plaintiff in the lawsuit, claims that officers had the wrong house during the Feb. 10 raid, claiming that the suspect sought by police had not lived there for five years.

Bures claimed in the lawsuit that 17 officers raided the home during her son's birthday party. The lawsuit claims that officers pointed guns at the 4-year-old, and Bures' 7-year-old child.

Another lawsuit filed the same year claimed CPD officers engaged in multiple wrong house raids at the same address.

Chicago police incorrectly raided the same family's home three times over the course of four months this year, according to a federal civil rights complaint filed Friday.

The complaint was filed against the city and Chicago Police Department on behalf of Krystal Archie and her three children: 14-year-old Savannah, 11-year-old Telia and 7-year-old Jhaimarion, according to a statement from Archie's attorney Al Holfeld.

That's all from a single year of the CPD engaging in warrant service. The problems with the PD and its officers date back years, though. It's been the subject of DOJ investigations and federal court orders. And has long been seen as a place where corruption is not only ignored, but encouraged.

The conclusion of this investigation moves the CPD slightly towards accountability. But only slightly. It's up to the police department to actually punish its officers and demand more accuracy and accountability from those engaging in guns-out raids of residents' houses.

Filed Under: anjanette young, chicago, chicago police, discipline, lori lightfoot, swat team, wrong address

Appeals Court Says Address Mistakes On Warrants Are Mostly Harmless, Not Worth Getting Excited About

from the what-even-the-fuck dept

In a case involving a drug bust utilizing a warrant with erroneous information, the Sixth Circuit Court of Appeals had this to say [PDF] about the use of boilerplate language and typographical errors:

Challenges to warrants based on typographical errors or factual inaccuracies typically fall under this Circuit’s clerical error exception. We have consistently found that inadvertent drafting mistakes, for instance transposing a number in a street address or listing an incorrect nearby address, do not violate the Fourth Amendment’s prohibition on unreasonable searches and seizures. That is because those errors create little risk of a mistaken search or a general warrant granting police an unconstitutionally broad authority to conduct searches.

The order to search listed the wrong address. Here's why:

This description at the beginning of the warrant correctly directed officers to Abdalla’s precise New Hope Road address in DeKalb County. But the warrant’s final paragraph “commanded” officers “to search the . . . premises located at 245 Carey Road, Hartsville, Trousdale Tennessee.” (R. 20-1, Search Warrant, Page ID # 59.) Agent Gooch testified that the Carey Road address came from using a previous warrant as a template. Although Judge Patterson had jurisdiction over Abdalla’s residence in DeKalb County, he lacked jurisdiction in Trousdale County, which encompassed the Carey Road property listed on the warrant’s final page.

The court says this is harmless. Rather than suppress evidence in hopes that cops won't just copy-paste "sworn statements" before running them by a judge, the Appeals Court says this creates "little risk" of "mistaken searches." Perhaps in this case the risk was minimal. The rest of the warrant correctly described the residence and how to locate it. But to pretend careless warrant crafting rarely results in "mistaken searches" ignores how often it happens -- and how often this supposed low-risk "mistake" results in real harm.

"Little risk?" Here's what's actually happening in the Sixth Circuit, which covers Kentucky, Michigan, Ohio, and Tennessee.

Oak Park, Michigan (November 2019): Police raid the wrong side of a duplex, breaking windows and the front door before realizing their mistake.

Flint, Michigan (October 2014): Troopers go to the wrong house to locate a fugitive, shoot family's dog in the face.

Detroit, Michigan (May 2017): After conducting a one-day(!) human trafficking investigation, a SWAT teams raids the wrong house, handcuffs everyone present (including two children) before discovering their mistake.

Detroit, Michigan (September 2017): DEA agents raid two(!) wrong addresses. The forty officers(!!) recover no drugs. Search warrants and property receipts left at the properties by the feds were blank, according to this report.

Detroit, MIchigan (April 2017): Police raid wrong house, kill homeowner's dog.

Nashville, Tennessee (August 2020): Three cops raid wrong house, traumatizing the resident and two young children. Officers predicated the search on housing information that hadn't been updated since November 2018.

Lebanon, Tennessee (January 2006) - Officers raid wrong house, kill 61-year-old man while his wife is handcuffed in another room.

Louisville, Kentucky (October 2018) - Officers (three of whom shot and killed Breonna Taylor during another botched raid) using outdated information raid a house looking for someone who had moved out four months earlier.

Bowling Green, Kentucky (July 2016) - Police raid the wrong house looking for a Black suspect. Officers handcuff and question the homeowner, who weighs 100 pounds less than the suspect they're looking for. The interrogated homeowner is also one foot taller than the suspect. He's also white.

Louisville, Kentucky (January 2020) - Officers enter the wrong house seeking a shooting suspect, handcuffing one of the residents.

Louisville, Kentucky (July 2020) - Cops raid a vacant house looking for a drug suspect who had already been arrested and was in jail. Officers break windows, destroy a door, and handcuff the man hired to paint the interior of the vacant residence.

Cleveland, Ohio (November 2018) - Wrong house raided during a shooting investigation. Cops cause over $8,000 of physical damage to the house and spend an hour interrogating all the residents -- some of whom are disabled -- before realizing their mistake.

Strongsville, Ohio (May 2010) - A man and his 14-year-old daughter are forced out of their house and made to lay face down on the lawn until officers realize they have the wrong address.

Cleveland, Tennessee (May 2018) - DEA and local cops raid wrong house in search of murder suspect. Flashbangs are deployed into the house despite the presence of young children -- something officers should have been able to discern from the number of toys around the front entry of the residence.

This is just a small sampling. And this is just from this circuit, which covers only four of the 50 states. This happens far too frequently for it to be shrugged off by an Appeals Court, even if the facts of the case might lead the court to conclude a mistake in an affidavit doesn't warrant the suppression of evidence.

The Fourth Amendment places the sanctity of the home above all else. And yet, officers continue to perform searches without performing the due diligence required to support a home invasion. Outdated info, unverified claims by informants, minimal investigative work… it all adds up to situations where rights are violated and residents are recklessly subjected to violence and deadly force.

How bad can it get? Here's a true horror story that shows just how little law enforcement agencies care about the people they're supposed to protect and serve:

Embarrassed cops on Thursday cited a "computer glitch" as the reason police targeted the home of an elderly, law-abiding couple more than 50 times in futile hunts for bad guys.

Apparently, the address of Walter and Rose Martin's Brooklyn home was used to test a department-wide computer system in 2002.

What followed was years of cops appearing at the Martins' door looking for murderers, robbers and rapists - as often as three times a week.

Every wrong visit to the house was a chance for officers to respond with deadly force to perceived threats. That these residents managed to survive 50+ incidents with cops looking for violent criminals is a miracle. "Mistaken searches" are not an acceptable outcome. Blanket statements like these issued by courts just give cops more reasons to cut corners before banging their way into someone's home in search of nonexistent criminals or criminal activity.

Filed Under: 4th amendment, 6th circuit, mistakes, police, warrants, wrong address

Hell Forms Bobsled Team After Police Chief Admits Fault In SWAT Raid Targeting Wrong Address

from the tfw-the-gold-standard-should-just-be-the-goddamn-standard dept

Something that happens far too often -- police officers raiding the wrong house in search of criminals -- has resulted in national headlines.

A police search warrant team going after a drug dealer targeted the wrong address and burst into the apartment of an innocent resident who shot and wounded two officers believing they were home invaders, Prince George’s law enforcement officials said.

It has been greeted by something that almost never happens.

Police Chief Hank Stawinski apologized for the error Thursday and said he has halted executing search warrants until the department reviews how it corroborates information to confirm addresses and the location of investigative targets.

There's more. No charges will be filed against the man who shot two officers. The police chief said the man ambushed in his own home was a "law-abiding citizen." Beyond that, he called the warrant itself into question, along with the information used to obtain it.

A confidential informant led investigators to the address at which they were serving the search warrant Wednesday night, Stawinski said. But the chief said he is “not satisfied” with the amount of information investigators used to obtain the search warrant and with the efforts to verify the information from the informant.

Here's all the things that didn't happen:

- No one suggested everyone "wait until all the facts are in."

- No one blamed the media for rushing ahead with a narrative the PD didn't find flattering.

- No one refused to comment until an investigation was completed.

- No one disparaged the victim of the raid by feeding his criminal record to local media.

- No one suggested the resident be more compliant in the future.

- No one defended the officers' actions as reasonable.

- No one filed charges against the resident for shooting and wounding police officers.

This is an astounding reaction to incidents that are far too commonplace in this country. This is also an indictment of policing in America. There is no reason this reaction should be as stunning as it is. This should be standard operating procedure when cops screw up. Instead, we're most often greeted with defense of indefensible actions combined with a multitude of efforts designed to make the SWAT raid victim appear as unsympathetic as possible.

Wrong address raids, killings of unarmed citizens, excessive force deployment… all of these events are normally handled by police departments with maximum defensiveness and minimal acceptance of culpability. A law enforcement agency immediately stepping up to take responsibility for its errors -- especially ones with potentially deadly outcomes -- is a breath of fresh air in the fetid, stagnant swamp of US policing.

But this shouldn't be the ultra-rare exception. It should be the rule. The public law enforcement serves deserves far better than the condescending, self-serving crap it's so often handed in the wake of incidents like these.

Filed Under: apology, hank stawinski, police brutality, prince george, responsibility, swat, swat team, wrong address