.............................................................. >From the New Paradigms Project [Not Necessarily Endorsed]: Conspiracy Shopping Cart: http://a-albionic.com/shopping.html From: Jon Roland <[EMAIL PROTECTED]> Subject: Warrant did not authorize "dynamic" execution Date: Thursday, April 27, 2000 9:15 PM Warrant did not authorize "dynamic" execution The alleged "search warrant" signed by U.S. District Magistrate Robert Dub� of the U.S. District Court in Miami did not authorize the "no-knock" dynamic entry that was executed on the morning of April 22. Federal and state court rules and precedents make it clear that a forceful execution of a warrant must be specifically justified in the supporting affidavit and specifically authorized in the warrant. In the absence of such authorization, those executing the warrant are supposed to knock on the door, present an original signed copy of the warrant to the persons within, give them a chance to read and consider it, and if they request time to call in and verify its authenticity, or to consult an attorney, or have reasonable objections to the validity of the warrant, the execution is supposed to be suspended for a reasonable time until those objections can be met. The original purpose of "no-knock" warrants was to preserve evidence and to protect innocent persons such as hostages who were in imminent danger. It was common for evidence such as drugs to be flushed down toilets, and rapid entry was seen as important to secure them before that could be done. The notion that officers charged with serving a warrant have discretion to use any force they deem necessary is incorrect, as a matter of law. No more force may be used than absolutely necessary to execute the warrant, and officers are charged not to proceed if there is significant risk of harm to innocent persons. The doctrine that it is necessary to make a "show of force" in case there might be "weapons present" is also bogus. Perhaps 40% or more of the households in this country have firearms. In some regions it is nearly 100%. It is precisely for this reason that dynamic executions should not be used unless it is absolutely necessary to preserve life and prevent the destruction of critical evidence. It is precisely this kind of warrant execution that the Fourth Amendment was adopted to prevent. No one can seriously contend that a dynamic execution was justified in the Elian case. And it was not authorized by the warrant. It was unlawful. --Jon =================================================================== Constitution Society, 1731 Howe Av #370, Sacramento, CA 95825 916/568-1022, 916/450-7941VM Date: 04/27/00 Time: 17:15:13 http://www.constitution.org/ mailto:[EMAIL PROTECTED] =================================================================== Shop for Cars On-Line: http://a-albionic.com/ads/srch.html Forwarded for info and discussion from the New Paradigms Discussion List, not necessarily endorsed by: *********************************** Lloyd Miller, Research Director for A-albionic Research (POB 20273, Ferndale, MI 48220), a ruling class/conspiracy research resource for the entire political-ideological spectrum. Quarterly journal, book sales, rare/out-of-print searches, New Paradigms Discussion List, Weekly Up-date Lists & E-text Archive of research, intelligence, catalogs, & resources. 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