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Court to DEA: Don't Point Gun at 11 YO's Head

RaleighDevil

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You'd expect this from the "law and order" crowd, but not from the Hope and Change administration.

http://reason.com/blog/2012/06/18/ninth-circuit-to-dea-putting-a-gun-to-an

At 7 a.m. on January 20, 2007, DEA agents battered down the door to Thomas and Rosalie Avina’s mobile home in Seeley, California, in search of suspected drug trafficker Louis Alvarez. Thomas Avina met the agents in his living room and told them they were making a mistake. Shouting “Don’t you f**king move,” the agents forced Thomas Avina to the floor at gunpoint, and handcuffed him and his wife, who had been lying on a couch in the living room. As the officers made their way to the back of the house, where the Avina’s 11-year-old and 14-year-old daughters were sleeping, Rosalie Avina screamed, “Don’t hurt my babies. Don’t hurt my babies.”

The agents entered the 14-year-old girl’s room first, shouting “Get down on the f**king ground.” The girl, who was lying on her bed, rolled onto the floor, where the agents handcuffed her. Next they went to the 11-year-old’s room. The girl was sleeping. Agents woke her up by shouting “Get down on the f**king ground.” The girl’s eyes shot open, but she was, according to her own testimony, “frozen in fear.” So the agents dragged her onto the floor. While one agent handcuffed her, another held a gun to her head.

Moments later the two daughters were carried into the living room and placed next to their parents on the floor while DEA agents ransacked their home. After 30 minutes, the agents removed the children’s handcuffs. After two hours, the agents realized they had the wrong house—the product of a sloppy license plate transcription—and left.

In 2008, the Avinas—mom, dad, and both daughters—filed a federal suit against the DEA for excessive use of force, assault, and battery in the U.S. District Court for the Southern District of California. That court ruled in favor of the DEA, and the Avinas appealed. Last week, the family got justice.

While the Ninth Circuit Court of Appeals defended the agents' rough treatment of Thomas and Rosalie, it also declared that yanking the Avina children of their beds and putting guns to their heads did, in fact, constitute the “intentional infliction of emotional distress.” ...

As a side note: While this raid was conducted under President George W. Bush, the deputy administrator of the DEA at that time was Michele Leonhart. She is now the administrator of the DEA, thanks to an appointment by President Barack Obama. Furthermore, the Obama Administration could have declined to defend the DEA in this case. Instead, Obama's Justice Department has decided to make the case that federal agents should be allowed to hold guns to the heads of children.
 
Can you READ at all? These actions happened while W was POTUS.

The Circuit Court said the DEA was wrong in 2007 to act this way.

You are REALLY over the edge blaming Obama for this.

WOW!!!
 
The "side note" is a red herring. Of course the Civil Division is going to defend a tort suit for damages against the United States. This decision -- which is separate from the question of whether the agents acted improperly -- is uncontroversial and has nothing whatsoever to do with who is currently President or DEA Administrator.
 
Raleigh - you strike me as a very easy mark when you post stupid shit like this.
 
The actions of the DEA are ridiculous in many cases and both parties are in bed with it.
 
Which one is it? DEA can't yank little girls out of bed or DEA can't point guns at children? Those are very different. Sometimes it may be necessary to point a gun at an 11 year old. This doesn't seem like one of those times.
 
This is hardly an administration issue. It's a law enforcement issue. I don't envy the agents involved in this case. I sympathize with all involved, from the agents to the family.
 
This is hardly an administration issue. It's a law enforcement issue. I don't envy the agents involved in this case. I sympathize with all involved, from the agents to the family.

The agents deserve no sympathy, they were way out of line and abusing their power grossly.
 
This is hardly an administration issue.

Most federal agencies operate in basically the same way regardless of administrations. Policies change and focus shifts but for the most part, the SOPs don't vary that much. It's not political appointees who drive agency operations. It's the career bureaucrats.
 
The agents deserve no sympathy, they were way out of line and abusing their power grossly.

I disagree. They were given bad information, and I assume when a law enforcement official forcibly enters a house, they have to think that everyone is a threat. What happens when that 11 year old picks up daddy's gun and blows away an officer? This isn't on the agents, this is on bad intel and whoever was running the show.
 
I disagree. They were given bad information, and I assume when a law enforcement official forcibly enters a house, they have to think that everyone is a threat. What happens when that 11 year old picks up daddy's gun and blows away an officer? This isn't on the agents, this is on bad intel and whoever was running the show.

My sentiments exactly, though I don't know the circumstances surrounding the raid.
 
Why are W or Obama even mentioned regarding this? Talk about a stretch.

I dont know the details of this raid, so I'm just guessing here, but I'm willing to bet the POTUS had no involvement here.

As far as the substance of what happened, it does sound extreme. On the other hand, it also sounds like the agents were just following their training. Albeit, a little over the top. When doing a search like that on what is called a "hard entry" they are trained to go in with guns drawn and detain everyone in the house, and for good reason. Just sounds like the agents here went a little extreme with it, and it was exacerbated by the fact that they got the wrong house.
 
Maybe if we got rid of our stupid drug laws, the DEA wouldn't have to act like a bunch of wanna be Jason Bourne's.
 
INS says this is old news:

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GO, so if you had a son and his mother was dead, you wouldn't have the right to have him returned to you?
 
Maybe if we got rid of our stupid drug laws, the DEA wouldn't have to act like a bunch of wanna be Jason Bourne's.

this. the "war on drugs" is single-handedly responsible for turning American policing into a paramilitary enforcement operation. when I read stories like this my reaction is legalize recreational drugs, tax all drugs heavily, and sell all the armored personnel carriers and SWAT automatic weapons and use the money to fund treatment programs.
 
GO, so if you had a son and his mother was dead, you wouldn't have the right to have him returned to you?

Yup its better to return him to a 3rd world Communist country via the police kicking down the door of a private residence...
 
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