Wrongfully-arrested man considers lawsuit after marshals storm home

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • HenryWallace

    Expert
    Rating - 0%
    0   0   0
    Jan 7, 2013
    778
    18
    Fort Wayne
    What's sad is that this happens everyday, but nothing will really put these thugs in there place because "Justice only happens in Real Time."
     

    fireblade

    Expert
    Rating - 100%
    1   0   0
    Oct 30, 2011
    837
    18
    Earth
    You think he will ever trust police again , he's wife he's kids ..he's family.......:twocents:........ this happen all over the country in larger numbers in the last 10 years. I bet not one arresting officers said sorry to the man or he's wife or kids. Money in court for damages will never get the trust back from them or the damage to there kids.

    As I have said so many time here know your rights and never trust the police.........:patriot:
     

    rambone

    Grandmaster
    Rating - 100%
    4   0   0
    Mar 3, 2009
    18,745
    83
    'Merica
    Federal Gestapo raids on citizens homes for things that should not even be illegal, let alone Federal crimes. Shame, shame on this government.

    [ame]http://www.youtube.com/watch?v=qyL21noc75A[/ame]
     

    drillsgt

    Grandmaster
    Rating - 100%
    108   0   0
    Nov 29, 2009
    9,647
    149
    Sioux Falls, SD
    They regret it, it was a clerical error, so it's all good. But does this guy now have an "arrest record" :dunno: Would this now impact a NICS check, what about if he applies for a job and they ask have you ever been arrested?
     

    ModernGunner

    Shooter
    Rating - 0%
    0   0   0
    Jan 29, 2010
    4,749
    63
    NWI
    Well, checking the documents for his skin color isn't really relevant. The 'damage' is done when they come rushing in the door.

    The Officer's won't necessarily be able to observe the subject inside the home, prior to entry. Not every leaves their drapes open, could be a room without a window, a window that is blocked by shrubbery, and so forth.

    And, of course, MOST bad guys will deny there's any reason to arrest them. Gee, what a :eek: .

    Still, there must be, and is, some repercussions to these types of incidents, and the U.S. Marshal's will, and should, pony up with monetary damages. That's how these matters are recompensed in this country.

    Should drugs be illegal. Yep. But the U.S. Marshal's Office exhibited lax procedures in their clerical error, and should be penalized for it.

    Pretty simple. Know whom you are supposed to arrest, and ARE arresting.
     

    Leo

    Grandmaster
    Rating - 100%
    30   0   0
    Mar 3, 2011
    9,809
    113
    Lafayette, IN
    Several years ago Howard County (Kokomo) had my co workers skinny, blond headed wife arrested at their house in Carmel. It was on a felony arrest warrant that the officers would not disclose. They did this at 10 PM on a Friday night. His wife had not been to Kokomo in years. After raising money from every friend and co worker he knew and paying bail she was dismissed when someone finally figured out that she was not a short, fat, latino male.

    To make it even worse, after they admitted it was a mistake, they kept part of the bail money as mandatory processing fees. Ya gotta love their ways....
     

    Sgtusmc

    Master
    Rating - 100%
    4   0   0
    Jan 10, 2013
    1,873
    48
    indiana
    What worries me is that these no knock procedures will and are probably getting innocent people killed. There are many of us who are prepared to thwart an immediate home invasion to protect our families and ourselves. Of course, once you inadvertently shoot at a cop who's busting down your door, you become their target.

    It doesn't matter if there's 10 cops screaming at the same time "POLICE! GET ON THE GROUND!" It just sounds like a cacophony of noise meant to disrupt, disorient and confuse.

    With these procedures being used, they need to get it right or pay the price to the lives they've disrupted. Not only is it what they put you and your family through, but now the entire neighborhood thinks your a drug dealer or something.
     

    ultra...good

    Shooter
    Rating - 0%
    0   0   0
    Dec 30, 2012
    1,372
    83
    They regret it, it was a clerical error, so it's all good. But does this guy now have an "arrest record" :dunno: Would this now impact a NICS check, what about if he applies for a job and they ask have you ever been arrested?

    Not allowed to ask on job applications if you have ever been arrested, only if you have been convicted of a felony.
    I hope the guy does file a lawsuit. I know, it only costs the taxpayers where he lives, but this cannot just be left as is. What if the guy would have pulled a gun thinking it was a home invasion? I do not have any reason for police to kick in my door and if somebody came in, I would be going for a gun to protect myself and would be shot on the spot. If they are going to kick a door in, they had better make sure they know who is on the other side of it.

    What the hell is wrong with us for letting things get so far out of hand? This is not the way it is supposed to be. I am not sure about the rest of you, but I want all the same things that in theory law enforcement want; a peaceful, crime free environment to live and raise a family.
     

    ultra...good

    Shooter
    Rating - 0%
    0   0   0
    Dec 30, 2012
    1,372
    83
    What worries me is that these no knock procedures will and are probably getting innocent people killed. There are many of us who are prepared to thwart an immediate home invasion to protect our families and ourselves. Of course, once you inadvertently shoot at a cop who's busting down your door, you become their target.

    It doesn't matter if there's 10 cops screaming at the same time "POLICE! GET ON THE GROUND!" It just sounds like a cacophony of noise meant to disrupt, disorient and confuse.

    With these procedures being used, they need to get it right or pay the price to the lives they've disrupted. Not only is it what they put you and your family through, but now the entire neighborhood thinks your a drug dealer or something.

    In August a guy was killed for the wrong address. Best part is information from a drug informant was used to obtain the warrant, and nobody verified the info was accurate.
    Man Dies in Police Raid on Wrong House - ABC News

    This was a while ago, but when it happened only goes to prove that this has been a problem for some time now.
    Police Raid Wrong Man's House and Kill His Dogs - NYTimes.com

    Andrew Lee Scott Dead: Lake County Police Fatally Shoot Wrong Man While Hunting Murder Suspect
     

    Sgtusmc

    Master
    Rating - 100%
    4   0   0
    Jan 10, 2013
    1,873
    48
    indiana
    If I get someone pounding on my door, especially at night or early in the morning, I'm automatically going take that as a sign of aggression. I'm going to make sure I'm armed first, then try to look out the window to try and discern who it is. If they then bust down the door, I'm going to take that as a home invasion and an attempt on my family's lives and mine.

    This reaction because I know for a fact that No one in my household is guilty of any nefarious activity or deserving of that kind of visit. This reaction because our house has been broken into before. This reaction because there have been murders on my street in the past and rounds popping off at night.

    Are we to cower in a corner and let law enforcement (or anyone for that matter) bust down our doors for their own safety and convenience to do as they wish?
     

    SideArmed

    Master
    Rating - 100%
    3   0   0
    Apr 22, 2011
    1,739
    38
    Considering filing suit??

    What other recourse does this individual have?? I mean there would be no considering it. Full investigation into who dropped the ball, civil and criminal charges pursued.
     

    Classic

    Master
    Rating - 0%
    0   1   0
    Aug 28, 2011
    3,420
    38
    Madison County
    There are getting to be too many of these stories. The people RESPONSIBLE have to be made to pay a PENALTY or it will never stop. As it is, it is far too easy for the guilty parties to simply dig into the taxpayer's pocket to pay damages in a suit. RESPONSIBILITY and ACCOUNTABILITY have to be brought together, that's when this BS will stop.
     

    drillsgt

    Grandmaster
    Rating - 100%
    108   0   0
    Nov 29, 2009
    9,647
    149
    Sioux Falls, SD
    Several years ago Howard County (Kokomo) had my co workers skinny, blond headed wife arrested at their house in Carmel. It was on a felony arrest warrant that the officers would not disclose. They did this at 10 PM on a Friday night. His wife had not been to Kokomo in years. After raising money from every friend and co worker he knew and paying bail she was dismissed when someone finally figured out that she was not a short, fat, latino male.

    To make it even worse, after they admitted it was a mistake, they kept part of the bail money as mandatory processing fees. Ya gotta love their ways....

    Sounds like quite the brain trust up there in Howard County :rolleyes:
     

    Trigger Time

    Air guitar master
    Site Supporter
    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
    113
    SOUTH of Zombie city
    Someone breaks into my house I'm gonna post up in my predesignated spot call the police and wait till they (intruder) come to me and then I will take whatever action is deemed necessary in the moment. If its the police then I hope they are convincing and announce it. Too many criminals pose as police during break-ins. Police shouldn't be wearing mask nor coming to my house since I'm not a criminal. I would never shoot a cop knowing it was a cop, even if they got the wrong house. Ill gladly submit knowing my large payday will soon be upon me.
    In Indiana if they get the wrong house and you shoot one your covered under the law from what I understand.
    But you'd never make it out alive because all the ones coming in after would put 28 rounds into you. It wouldn't end well for anyone. (But either way for me it don't matter, i won't be shooting)

    Some people here posting should remember that if you ever have to shoot someone in your house some over zealous prosecutor WILL find your posts here and happily use them against you to twist it into being against you. Be careful people. Everything is permanent record.

    If you did even shoot an officer legally and live, they would come down on you with everything they had an even I you were found not guilty you'd have to move away and probly change your name.
     
    Last edited:

    Sgtusmc

    Master
    Rating - 100%
    4   0   0
    Jan 10, 2013
    1,873
    48
    indiana
    Someone breaks into my house I'm gonna post up in my predesignated spot call the police and wait till they (intruder) come to me and then I will take whatever action is deemed necessary in the moment. If its the police then I hope they are convincing and announce it. Too many criminals pose as police during break-ins. Police shouldn't be wearing mask nor coming to my house since I'm not a criminal. I would never shoot a cop knowing it was a cop, even if they got the wrong house. Ill gladly submit knowing my large payday will soon be upon me.
    In Indiana if they get the wrong house and you shoot one your covered under the law from what I understand.
    But you'd never make it out alive because all the ones coming in after would put 28 rounds into you. It wouldn't end well for anyone. (But either way for me it don't matter, i won't be shooting)

    Some people here posting should remember that if you ever have to shoot someone in your house some over zealous prosecutor WILL find your posts here and happily use them against you to twist it into being against you. Be careful people. Everything is permanent record.

    If you did even shoot an officer legally and live, they would come down on you with everything they had an even I you were found not guilty you'd have to move away and probly change your name.


    I don't condone the shooting of law enforcement. I DO condone the use of deadly force on unknown intruders breaking into ones house. Which is what I stated. Why post a response at all if you're just going to neuter (edit) your post.
     
    Top Bottom