IA - Man's home raided by SWAT for drugs, no drugs found, gets citation for messy house.

[Anti Federalist]

Wow, this shit just gets more over the top every day.

I wonder if he got cited for the messy house before or after the cops came in tore the place up. Not many details in the story.

Just another day in the land of the free.



Man Cited After SWAT Team Raids Cedar Rapids Home

http://www.kcrg.com/news/local/Man-Cited-After-SWAT-Team-Raids-Cedar-Rapids-Home-128088668.html

Story Created: Aug 19, 2011 CDT
(Story Updated: Aug 19, 2011 at 2:48 PM CDT )

CEDAR RAPIDS, Iowa - Residents in a Cedar Rapids home woke up to a SWAT team. Police in SWAT gear entered the home on 5th AVE SE, to search the home for narcotics.

Police said that there were no drugs inside the house but there was evidence of drug use. 23-year-old Jose Perry was cited for a disorderly house. Perry signed a promise to appear in court and was not taken to jail.

[sailingaway]

SRSLY? Disorderly house?

[Danke]

"cited for a disorderly house." Were these female cops?

[FunkBuddha]

The Daily Iowan
Disorderly house violations triple in 3 years (http://www.dailyiowan.com/2011/02/09/Metro/21248.html)

[Anti Federalist]

Apparently, nothing new in Cedar Rapids.

This clinches it for me, the cops bust in, tear the place up, can't find anything, then charge you with a disorderly house.

Another story from last year:



UPDATE: SWAT team searches home for drugs, comes up empty

Posted August 12, 2010 3:05 pm by Jeff Raasch/SourceMedia Group News
Updated at 3:06 p.m. by Jeff Raasch

http://easterniowanewsnow.com/2010/08/12/swat-team-busts-through-door-looks-for-drugs-at-cedar-rapids-house/

CEDAR RAPIDS – Police in SWAT gear busted through a door and searched a Cedar Rapids home for drugs Thursday morning, but came up empty.

At least 12 officers surprised the tenants at 1135 33rdSt. NE when they arrived around 7 a.m. with a narcotics search warrant. Sgt. Cristy Hamblin, a police spokeswoman, later confirmed that nothing was seized from the house.

No one was taken to jail, but the tenants of the house, Justin Davis, 28, and his girlfriend, Erica Lewis, 26, were charged with disorderly house and signed a promise to appear in court, police said. No one was injured during the raid.

Davis said his 5-year-old daughter was in her room when officers busted a hole in the front door. He said he came to the door when he heard a K-9 unit dog barking, and was pulled outside, where he was told to lie face down in his front yard. He said the officers had him at gunpoint.

Davis was visibly upset after police left and mentioned moving out of the area.

“What do you think my neighbors think about me now?” Davis said. “My character has been assassinated, and I’m really upset about that.”

Davis said he and Lewis were handcuffed while officers searched. They were told police had information that there was drug activity at their house.

Hamblin said search warrants are issued only after a judge reviews the evidence collected and signs the warrant. In general, police investigate tips about drug activity by interviewing neighbors, looking through trash and using a drug-sniffing dog, Hamblin said.

“We don’t take just one person’s word, under normal circumstances,” Hamblin said.

Davis said he is on probation and it would be stupid for him to be involved with drugs.

“They should have made sure they had concrete evidence before they knock in someone’s door,” Davis said.

Disorderly house is described as a building or room where someone “resorted to for” illegal activity involving drugs, alcohol, gambling or prostitution, according to a city ordinance.

[amy31416]

"cited for a disorderly house." Were these female cops?

I don't think I've ever seen a female SWAT officer. Maybe one of the thugs tripped over some pizza boxes and got mad because he looked like a dork in front of his fellow thugs.

[V4Vendetta]

lololololololololololololol

[Danke]

I don't think I've ever seen a female SWAT officer.

There you go again, trying to ruin one of my fantasies!

[jdmyprez_deo_vindice]

So it is now against the law to have a messy house?

[amy31416]

There you go again, trying to ruin one of my fantasies!

It's what I do. :)

[AFPVet]

I don't think I've ever seen a female SWAT officer. Maybe one of the thugs tripped over some pizza boxes and got mad because he looked like a dork in front of his fellow thugs.

I was an SRT team leader in the USAF (military equivalent to SWAT) and we had a couple females. They were hot and badass!

[Anti Federalist]

So it is now against the law to have a messy house?

Everything is against the law:

http://www.threefelonies.com/

[flightlesskiwi]

Disorderly house is described as a building or room where someone “resorted to for” illegal activity involving drugs, alcohol, gambling or prostitution, according to a city ordinance.

sooo.... they found no drugs or evidence of any of this. how, if this is a city ordinance, would this citation hold up in court? it makes no sense... not that sense is made in bizarro world.

[AFPVet]

sooo.... they found no drugs or evidence of any of this. how, if this is a city ordinance, would this citation hold up in court? it makes no sense... not that sense is made in bizarro world.

It's like when a dirty cop breaks your tail light and tells you that it's out.

[DamianTV]

You must spread some Reputation around before giving it to AFPVet again.

Blah!

[Dr.3D]

A search warrant is only supposed to be good for what is listed on the warrant. If they found something other than what is listed on the warrant, they shouldn't be able to prosecute as they obtained the evidence illegally.

[mczerone]

So it is now against the law to have a messy house?

Your home is your castle. Now clean up before the gestapo sees it!

[mczerone]

A search warrant is only supposed to be good for what is listed on the warrant. If they found something other than what is listed on the warrant, they shouldn't be able to prosecute as they obtained the evidence illegally.

That route is a legal loser. They were "lawfully" executing a "valid" warrant, and the observance of the other "crime" was incidental to the search. The court would only throw out evidence if the police got caught going through personal affects or areas where "drugs" would not be found. So basically a warrant based on prohibited material gives them free reign to search the entire house because "drugs" could be hidden anywhere.

[amy31416]

It's just an omen that they're going to start violating the 3rd Amendment (finally!) And they want their quarters clean, dammit.

[LibForestPaul]

That route is a legal loser. They were "lawfully" executing a "valid" warrant, and the observance of the other "crime" was incidental to the search. The court would only throw out evidence if the police got caught going through personal affects or areas where "drugs" would not be found. So basically a warrant based on prohibited material gives them free reign to search the entire house because "drugs" could be hidden anywhere.
Kinda like searching for drugs and finding a dead body in the living room.

[acptulsa]

'Disorderly house is described as a building or room where someone “resorted to for” illegal activity involving drugs, alcohol, gambling or prostitution, according to a city ordinance.'

So, they found no evidence of drugs (or, presumably, gambling, prostitution, or some kind of illegal activity involving alchohol (serving it to minors? driving the house down the street?), yet they proclaimed that this house was a place where people 'resorted to for' this stuff? So, how can they prove this if they found no one doing any of the above on the premises? Their dog barked at the trash can and that's the evidence this room was used for partaking of unapproved drugs? Really?

Someone needs to sue for false arrest on this one.

[CaptainAmerica]

http://www.theblaze.com/wp-content/uploads/2011/05/swat-raid.jpg

I'm surprised that they didn't just fire 61 bullets into the man because his house was messy.

[moostraks]

'Disorderly house is described as a building or room where someone “resorted to for” illegal activity involving drugs, alcohol, gambling or prostitution, according to a city ordinance.'

So, they found no evidence of drugs (or, presumably, gambling, prostitution, or some kind of illegal activity involving alchohol (serving it to minors? driving the house down the street?), yet they proclaimed that this house was a place where people 'resorted to for' this stuff? So, how can they prove this if they found no one doing any of the above on the premises? Their dog barked at the trash can and that's the evidence this room was used for partaking of unapproved drugs? Really?

Someone needs to sue for false arrest on this one.

That was where I went with this too. I cannot fathom the type of circuitous thinking that went into this charge. If they don't have evidence for the primary cause of the search warrant how on earth can they find him guilty of this charge????

[CaptainAmerica]

http://www.youtube.com/watch?v=XP0f00_JMak&feature=player_embedded

A reminder of how the local Special Weapons and Tactics units operate.

[DamianTV]

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

So let me see if I understand this correctly.

They come into his home expecting to find drugs, and had a Search Warrant for them to look specifically for drugs, and come out and fine him for something else. Is that NOT a Violation of this man's 4th Amendment Right? If the Search Warrant specifically stated that they were looking for Drugs as the "things to be seized", and they found something else, since there was no "Probable Cause" or "Oath or affirmation" to be fined or cited for a "dirty house", is that or is that NOT a Lawful Fine? IMHO, this guy should be able to beat the fine in court on 4th Amendment Rights Violations.

[Anti Federalist]

So let me see if I understand this correctly.

They come into his home expecting to find drugs, and had a Search Warrant for them to look specifically for drugs, and come out and fine him for something else. Is that NOT a Violation of this man's 4th Amendment Right? If the Search Warrant specifically stated that they were looking for Drugs as the "things to be seized", and they found something else, since there was no "Probable Cause" or "Oath or affirmation" to be fined or cited for a "dirty house", is that or is that NOT a Lawful Fine? IMHO, this guy should be able to beat the fine in court on 4th Amendment Rights Violations.

What's a Fourth Amendment?

[flightlesskiwi]

What's a Fourth Amendment?

*SNAP* (or slap)


In English criminal law a disorderly house is a house in which the conduct of its inhabitants is such as to become a public nuisance, or outrages public decency, or tends to corrupt or deprave, or injures the public interest; or a house where persons congregate to the probable disturbance of the public peace or other commission of crime. To persistently or habitually keep a disorderly house is an offence against the common law, punishable by fine or imprisonment.http://en.wikipedia.org/wiki/Disorderly_house

niiiiice. ya'll know how most city ordinances are "written", right??

[eduardo89]

"cited for a disorderly house." Were these female cops?

I think this was the SWAT team

http://2.bp.blogspot.com/-K_RqUUAJqFo/TYfu-yqZw0I/AAAAAAAALXs/Qk1fKfDmpgw/s1600/GayPride-police-drag-queen.jpg

[Pericles]

A search warrant is only supposed to be good for what is listed on the warrant. If they found something other than what is listed on the warrant, they shouldn't be able to prosecute as they obtained the evidence illegally.

I've got to be thinking that a HSLD attorney would have fun with that.

[Brian4Liberty]

Had to look this one up. Seems like it translates to "something to charge people with when you have nothing else".


A place where individuals reside or which they frequent for purposes that pose a threat to public health, morals, convenience, or safety, and that may create a public Nuisance. A disorderly house is an all-inclusive term that may be used to describe such places as a house of prostitution, an illegal gambling casino, or a site where drugs are constantly bought and sold. It is any place where unlawful practices are habitually carried on by the public.

Various offenses concerning disorderly houses exist at Common Law and under criminal statutes. The maintenance of a disorderly house is considered to be an ongoing offense and, at times, the offense involves a specific type of place, such as a bordello or Gaming house. The offenses are divided into four classes, which encompass keeping or maintaining a disorderly house, letting a house to be used as a disorderly house, frequenting or abiding permanently in a disorderly house, and disguising a disorderly house by displaying a sign of an honest occupation—such as disguising a house of prostitution as a dress shop.

http://legal-dictionary.thefreedictionary.com/Disorderly+house

[AFPVet]

Had to look this one up. Seems like it translates to "something to charge people with when you have nothing else".

Yep... it's one of those "I don't like you, so I am going to charge you with something" laws. There are many more of these... breech of peace is another good one. They gave us those nice little pocket state code books for a reason.

[susano]

I've only read page one of the thread but


ARE YOU FUCKING KIDDING ME?!

[Anti Federalist]

I've only read page one of the thread but


ARE YOU FUCKING KIDDING ME?!

Serious I am.

[Anti Federalist]

There you go again, trying to ruin one of my fantasies!

Hold on a sec...


I think this was the SWAT team

http://2.bp.blogspot.com/-K_RqUUAJqFo/TYfu-yqZw0I/AAAAAAAALXs/Qk1fKfDmpgw/s1600/GayPride-police-drag-queen.jpg

Fixed that for ya'.

[Danke]

Fixed that for ya'.

Yes Yes, we all know what sailor boy thinks qualifies as a female cop. Surprised eduardo beat you to that.

[oyarde]

I know all of you guys are better people that I am . I hafta go with tar and feather every public official in Cedar Rapids on this one ...

[oyarde]

I need to remember to remind my older Brother , little Sister & my sons not to ever set up house in Cedar Rapids , since they are the family slobs ....

[DamianTV]

Doesnt matter if they are slobs or not. Doesnt matter if they are even criminals. The cops didnt find drugs in the house, but still found an excuse to take money from him, Unconstitutionally. If I was a cop and got a warrant to come search your house for stolen property, break down your door, find pot but no stolen property, since the Warrant limits what I can search for and I cant use probable cause to seize the pot, the pot cant be seized, and you cant be fined. But that isnt the way that the police operate any more.

It isnt Guilty Until Proven Innocent. That would imply that someone else is going to stick up for you. No, things are now already much worse than that, and the phrase Guilty Until Proven Innocent is now out of date. There is something that replaces that, however.

Guilty Until YOU Prove Yourself Innocent. Better get to paying those fines for which you are simply accused.