Just was visited by SWAT

[chuck762]

Ok people, Never thought it would happen but I just had the LAPD SWAT team haul me out of my place and down to the harbor division station. Hell of a shock to hear a crap load of footsteps coming up the stairs screaming police then have a pistol and MP5 in my face when I open the door. :eek:

After sitting in the station for 4 hours cuffed and then finally getting to talk to a couple of detectives and answering their questions I was let go. No charges and I was never arrested, just detained.

The Detectives went though every nook and cranny. They stripped my weapons of all accessories and tossed everything into a huge friggen pile.

Needless to say I will be missing work tonight since i am still amped up over it and need to clean up.

Seems they were after a previous tenant who just happened to be selling guns to gang bangers and is a middle age white guy. Lucky me. :rolleyes:

The only thing that saved me from an even bigger hassle is the fact they found my registration papers in my gun cases (never mind I told them I had paper work and all that before they went all ballistic on my place).
Of course they were really interested im the scary black mag fed stuff.

Sooooooo what now? Is there any recourse I have to this intrusion, loss of pay and having to put my place back together?

I can scan the copy of the warrant if anyone needs proof since most people like to call BS but it will be a whime since i need to put all my crap back together. :mad:


I guess it went ok since I didn't get my butt kicked, I didn't loose my cool (although I was pretty shook up at first) and cuss em out or try to bribe em with crispy creams (humor people). But dam, it looks like a hurricane went through here. I will miss work tonight along with holiday pay for monday since I had to call in tonight. Yeah, I am upset a tad bit. I have taken pics of everything. Do I start calling lawyers? Do I say screw it an consider myself lucky? I have never been through anything like this before and never thought it would happen.

[Hopi]

:eek::eek::eek::eek::eek:

Glad everything turned out "ok". Those circumstances could have ended very badly......

[5150Marcelo]

See, this shiet does happen. I posted of a similar situation about a buddy of mine and although most believed, some had there doubts that americas finest would never ever do such a thing. Oh my!:eek:

[tmuller]

Wow...sorry to hear. Unfortunately I have no legal knowledge so I will refrain from giving advice, but glad to hear you still have your freedom.

[chuck762]

The weird this was i had just gotten home from work and had opened my safe to work on my 2 home built AKs.......... that required some explaining and the lead DET kept saying they were illegal and just come clean about them. I stuck to my guns (very punny) and started telling about them being legal. Kinda confused him so he said the expert gun guys will decide. They did realize they were legal after talking to them about it so at least a few know about OLL rifles.

[Blwnbwtie]

So you did get all of your guns back right?

[CALI-gula]

Seems they were after a previous tenant who just happened to be selling guns to gang bangers and is a middle age white guy. Lucky me. /////I can scan the copy of the warrant if anyone needs proof since most people like to call BS but it will be a whime since i need to put all my crap back together. :mad:


Does the warrant name YOU or the OTHER guy? If it names YOU - I have to wonder if LAPD's/SWAT's story/warrant about a previous tenant is a ruse, just to play look-see at what you had. Don't believe me? Worse has been done in the same way for people with many less firearm issues, due to spiteful/vengeful wives, nosy ignorant anti-2nd Amendment neighbors, or turn-coat friends. Some of those happenings have been reported here on Calguns, some we have even had the sad benefit of watching unfold post by post.

.

[rkt88edmo]

Wowsa - hopefully they didn't do any damage while making their mess.

[hoozaru]

this s**ks

[PatriotnMore]

what I don't understand is, if it was a previous resident, didn't they bother to check with the people at the leasing office before obtaining a warrant, to make sure the guy was still living there?
Obviously not, but this is what we were discussing in a previous thread about doing basic police work before issuing warrants.
Glad you are ok.

[chuck762]

Does the warrant name YOU or the OTHER guy? If it names YOU - I have to wonder if LAPD's/SWAT's story/warrant about a previous tenant is a ruse, just to play look-see at what you had. Don't believe me? Worse has been done in the same way for people with many less firearm issues, due to spiteful/vengeful wives, nosy ignorant anti-2nd Amendment neighbors, or turn-coat friends. Some of those happenings have been reported here on Calguns, some we have even had the sad benefit of watching unfold post by post.

.

No name on the warrant and I asked about that. I was told it was for the residence and the judge signed it, end of story.

[wildcard]

I'd take a good look at that warrant.

Doesn't sound like you can do much if they were serving a legit warrant. Sucks for you.

[Hopi]

No name on the warrant and I asked about that. I was told it was for the residence and the judge signed it, end of story.

:eek::eek::eek::eek::eek::eek:

I am running out of smileys to communicate my feelings...

[saigon1965]

What a f'd up thing, wrong place. I don't know if you have any recourse in this. You did't say if they confiscated your weapons, did they?

[chuck762]

The warrant is pretty basic and lists the residence and a description of it and says they can look i all safes, locked containers, garages, store rooms trash cans, yada yada.
They also went medieval on another garage in the complex. Tore it up. ouch! Lucky I was there to tell them which key for mine.

[1064chubbs]

thats f***ed up... I know the feeling.

[chuck762]

What a f'd up thing, wrong place. I don't know if you have any recourse in this. You did't say if they confiscated your weapons, did they?

No, they didn't other than a few trinkets from my army days. Oh yeah, the bomb squad was here too. lol BS took my expended 40mm round and some .50 BMG ammo.

The gun guys seemed to know their stuff and were the ones who saved me from having my weapons taken.

[Rocko]

And this is one of the many reasons why Police Officers do not get any resepct from the people.

[saigon1965]

No, they didn't other than a few trinkets from my army days. Oh yeah, the bomb squad was here too. lol BS took my expended 40mm round and some .50 BMG ammo.

The gun guys seemed to know their stuff and were the ones who saved me from having my weapons taken.



The only good news. How many guys were there total?

[l_Z_l]

No name on the warrant and I asked about that. I was told it was for the residence and the judge signed it, end of story.

WTF is that BS:mad:...so basically they don't care who lives there...what if they got the wrong address...Am I overreacting? or is that just the case for apartment and such...:confused:

[PolishMike]

Wow that sucks. At least they knew something about OLL's at the station.

[chuck762]

The only good news. How many guys were there total?

Had to be at least 20 for the initial entry. Then I was hauled off so I don't know how many more showed up to the party. :eek:
Guess it's never a proper bust until the bomb squad shows up!

[saigon1965]

Had to be at least 20 for the initial entry. Then I was hauled off so I don't know how many more showed up to the party. :eek:
Guess it's never a proper bust until the bomb squad shows up!


4 hours you were detained, they were at your pad the whole time?

[chuck762]

WTF is that BS:mad:...so basically they don't care who lives there...what if they got the wrong address...Am I overreacting? or is that just the case for apartment and such...:confused:

You aren't over reacting. I wanted to know that also which is why I asked. DTS swipes the warrant past my face and says there, you saw it. Really doing wonders for public relations acting like that. I had a few comments I wanted to say but bit my tongue since I didn't feel like getting tazed. :eek:

[saigon1965]

You aren't over reacting. I wanted to know that also which is why I asked. DTS swipes the warrant past my face and says there, you saw it. Really doing wonders for public relations acting like that. I had a few comments I wanted to say but bit my tongue since I didn't feel like getting tazed. :eek:


Don't taze me bro!!!

[pnkssbtz]

Because it bears repeating, I will quote it again:

I am sorry, this is the proverbial thorn in my side. We are operating under a lie within the judicial system, we are told we are innocent until proven guilty, but treated as guilty until proven innocent.

If the judicial system operated as they claim, the burden of proof is on the accuser to prove your guilt.

If you were compliant in accordance with the CA. DOJ AW description of lawful possession, your AR's should have been returned to you, you should have been released with NO bail set, until such time as the D.A. can prove you were not compliant.

If you were not compliant, that is a whole different beast. At that time, the burden is on you to show that you were compliant in the court of law with a Jury of your peers.

I just love when I see those here who would justify the opposite. I can't wait to see you before a Judge and have your civil rights violated.
It is either legal, or it is not!!!
If, there is a grey area of the law, the burden of proof is on the accuser, not the accused!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

The context is different, but the point of presumption of innocence, combined with due diligence on the part of the SWAT officers making sure that the same tenant lived there bears repeating.

[chuck762]

4 hours you were detained, they were at your pad the whole time?

Yep, there were a couple left to watch the place when they brought me home. They went at my stuff with vice grips and a huge screwdriver (my tools to add insult to injury) So much for pristine badger rings and mounts. New MK 4 is sporting a few new scratches also. Gotta love em.

[Sydwaiz]

So did they get the new police station finished or did they take you to the trailers? :p Glad you are okay and still have everything. Unless you have money and time to burn, best let it slide IMO.

[chuck762]

Don't taze me bro!!!

http://www.youtube.com/watch?v=Xzkd_m4ivmc

sorry, had to do it. I need a good laugh right now.

[Blackwater OPS]

The weird this was i had just gotten home from work and had opened my safe to work on my 2 home built AKs.......... that required some explaining and the lead DET kept saying they were illegal and just come clean about them. I stuck to my guns (very punny) and started telling about them being legal. Kinda confused him so he said the expert gun guys will decide. They did realize they were legal after talking to them about it so at least a few know about OLL rifles.

You are lucky you are in LA, they know it's legal NOW.

[Fjold]

Can you request the affidavit for the search warrant?

[chuck762]

So did they get the new police station finished or did they take you to the trailers? :p Glad you are okay and still have everything. Unless you have money and time to burn, best let it slide IMO.

Yep, still in the trailers. At first I was wondering where they were taking me since we passed the station. Thought i was gonna get a tune up. ;)

[duane_black]

Yep, there were a couple left to watch the place when they brought me home. They went at my stuff with vice grips and a huge screwdriver (my tools to add insult to injury) So much for pristine badger rings and mounts. New MK 4 is sporting a few new scratches also. Gotta love em.


:mad:

[Blackwater OPS]

Can you request the affidavit for the search warrant?

+1 one this is what your really need, the warrant itself does not tell you much.

[chuck762]

You are lucky you are in LA, they know it's legal NOW.

Yep. I was wondering how much they knew of my stuff and if I would still get charged for an AW. I followed your nightmare and I thought I was part 2.

[chuck762]

Can you request the affidavit for the search warrant?

What is the affidavit? I am pretty unfamiliar with the law although I thought I was going to get a crash course that's for sure.

[Blackwater OPS]

Yep. I was wondering how much they knew of my stuff and if I would still get charged for an AW. I followed your nightmare and I thought I was part 2.

Naw, they didn't like playing that game with Chuck and me, I don't think they want to do it again.

[Blackwater OPS]

What is the affidavit? I am pretty unfamiliar with the law although I thought I was going to get a crash course that's for sure.

It's what they submit to the judge swearing that they have probable cause for a search and why.

[chuck762]

It's what they submit to the judge swearing that they have probable cause for a search and why.

Thanks, I will check into it. although I would hate to piss em off and have a repeat visit.

[Blackwater OPS]

Thanks, I will check into it. although I would hate to piss em off and have a repeat visit.

Better to know why they were really there...

[JOEKILLA]

Good luck bro, hope you get compensated somehow.

[cbn620]

I hate to say it, but the hippies were right about at least one thing: We live in a police state.

[mecam]

What the hell are you guys doing there in SOCAL getting all the POPOs attention? Everytime I see "Warrant Served", it's always in Socal. :confused:

They should at least pay you for some of the minor damages. That's just total BS. :mad:

-

[geeknow]

It would be very handy to see that affidavit. It will say a lot about what the judiciary is willing to pass as "probable".

[chuck762]

What the hell are you guys doing there in SOCAL getting all the POPOs attention? Everytime I see "Warrant Served", it's always in Socal. :confused:

They should at least pay you for some of the minor damages. That's just total BS. :mad:

-

I was racking my brain trying to figure out why there were there. I guess just existing in this state is enough to get a visit. :(

I think it is time to really start looking for work in AZ. It's bad enough the taxes I get raped for but now they are now going towards tear up my own place and legally owned firearms.

At least I have something to do this weekend. I get to find all my missing crap and bolt it back on.

[CCWFacts]

It would be very handy to see that affidavit. It will say a lot about what the judiciary is willing to pass as "probable".

I think their requirements and fact checking are dangerously lax these days. They have botched raids (http://www.reason.com/news/show/117095.html) all the time. You're lucky in your case that they didn't go in shooting. They have killed hundreds of people in raids on wrong houses, wrong addresses, "confidential informants", etc. Usually there are no consequences for the SWAT team, and if the home owner defends, he either gets killed, or gets sentenced to life in prison.

[Shane916]

How long have you been residing in your current place?

[chuck762]

How long have you been residing in your current place?

Moved in about a month and a half ago.

[Vin496]

How long have you been residing in your current place?

Exactly what I was going to ask.

I could maybe see if you have been there a week, this happening, but how the hell does this happen if you have been living somewhere for months.

This just stinks of sloppy/lazy police work.

[pnkssbtz]

Exactly what I was going to ask.

I could maybe see if you have been there a week, this happening, but how the hell does this happen if you have been living somewhere for months.

This just stinks of sloppy/lazy police work.

That seems to be the concurrent theme with these botched raids...

[chuck762]

HA my Brownell's order just showed up. Glad it didn't arrive sooner. :eek:

I would have to explain more AK parts and gun smithing goodies.

Dam, I feel so violated. I guess at least it wasn't real crooks but still. No reason to tear up everything. I could have answered every question before they nuked my personal property. arghhhhhhhhhhhhhhhhhhhhhhhh Oh yeah, my hands are still numb from the cuffs. Hope the feeling comes back soon.

[nobody_special]

If I were in your position, I'd be calling a lawyer...

[PatriotnMore]

That seems to be the concurrent theme with these botched raids...

Its amazing that in about a blink of an eye, I/we can come up with reasonable assurances to go through, to check before issuing a warrant, yet law enforcment seems to be woefully absent in the thought process.

[pnkssbtz]

Its amazing that in about a blink of an eye, I/we can come up with reasonable assurances to go through, to check before issuing a warrant, yet law enforcment seems to be woefully absent in the thought process.

Ultimate Authority™ with zero accountability.

[PatriotnMore]

Ultimate Authority™ with zero accountability.

Thats the problem so many of us have in supporting them, they are the first to scream about liberal judges, not enough tools, or authority to do the job, yet when they are given them, they are abused to the point you just want to take them from them like a child who can't control himself.

[chuck762]

If I were in your position, I'd be calling a lawyer...

I want to, I really really do, but I can't really afford one and don't even know if I have a decent case. The bright side is the state can't tax me on the pay I loose tonight and monday. hahahaha take that tax franchise board!!! ;)

[Hopi]

Its amazing that in about a blink of an eye, I/we can come up with reasonable assurances to go through, to check before issuing a warrant, yet law enforcment seems to be woefully absent in the thought process.

Their intention is to find guilt, our intention is to find justice.

[mymonkeyman]

I want to, I really really do, but I can't really afford one and don't even know if I have a decent case. The bright side is the state can't tax me on the pay I loose tonight and monday. hahahaha take that tax franchise board!!! ;)

Try calling Legal Aid and the ACLU. If they can't help you, ask if they know an organization that would or attorney that might take the case pro bono or on contingency. It's a long shot, but a few calls dont' cost that much.

[macadamizer]

I want to, I really really do, but I can't really afford one and don't even know if I have a decent case. The bright side is the state can't tax me on the pay I loose tonight and monday. hahahaha take that tax franchise board!!! ;)

It doesn't cost anything to call around and ask, if someone thinks you have a case, they may take it on contingency. At least call around and talk to some people before you give up.

[NorthOfTheCity]

Living in fear of the state. Hmmmm, where've I heard that before...

[Sydwaiz]

Too bad we can't get the media to investigate crap like this and put the law in the hotseat for a change. They would of course twist the story and we still end up looking like the bad guy.

[tombinghamthegreat]

That sounds scary, when you heard the footsteps did you think intruder and maybe go for a gun? That could have gone really bad. I could only imagine your anger.

[bwiese]

Contact TMLLP, I'm sure they'd at least like to know the details. It could help someone else in the future.

[chuck762]

That sounds scary, when you heard the footsteps did you think intruder and maybe go for a gun? That could have gone really bad. I could only imagine your anger.

Yeah, I didn't really know what to do but I did see a lot of boots and legs from my window that is next to the stairs so I knew something was up. I guess just dumb luck saved me from reaching for a weapon and ending up on a slab.
I think it's time now to wear a Level 4 vest around the house. :eek:

[WokMaster1]

Try calling Legal Aid and the ACLU. If they can't help you, ask if they know an organization that would or attorney that might take the case pro bono or on contingency. It's a long shot, but a few calls dont' cost that much.

send a PM to Gene Hoffman or Bill & talk to them. They will at least point you in the right direction.

The least LAPD should do is pay for the damages. It's going to take a major legal battle to correct all these unaccountability issues. If the right people tell us to man "legal battle stations", I'm there.

[CCWFacts]

Yeah, I didn't really know what to do but I did see a lot of boots and legs from my window that is next to the stairs so I knew something was up. I guess just dumb luck saved me from reaching for a weapon and ending up on a slab.
I think it's time now to wear a Level 4 vest around the house. :eek:

These days I would also recommend using some USB cameras around the house, linked in to a program that can record movement. This is cheap and easy to do. For slightly more money you can get infrared USB cams that can see in the dark. There's cheap / free software which can access a USB camera and record movement. This software can be set up to detect movement. For example, if you have a walkway that is not public, you might want to get an alert whenever there is person-sized movement on it. Most PCs these days have 300gb or more of hard disk space so you can record as much as you want.

[IGOTDIRT4U]

Too bad we can't get the media to investigate crap like this and put the law in the hotseat for a change. They would of course twist the story and we still end up looking like the bad guy.

It would not hurt in this case to contact the media and see if they would want the story. The fresher the news the better. That is, only if you do NOT seek the services of an attorney. With media pressure, they make you whole regarding your property damage claims.

[RobG]

Wow, damn scary:eek: Worse than the PD/SWAT or whatever are the judges that issue the warrants. Either they disregard potentially erroneous info in obtaining the warrant or are a part of it. If you were killed or had you reacted and killed a cop you would have been demonized as a gun dealer supplying the streets with AK47's. I may have friends that are cops but know that cops are not my friends.

[PatriotnMore]

These days I would also recommend using some USB cameras around the house, linked in to a program that can record movement. This is cheap and easy to do. For slightly more money you can get infrared USB cams that can see in the dark. There's cheap / free software which can access a USB camera and record movement. This software can be set up to detect movement. For example, if you have a walkway that is not public, you might want to get an alert whenever there is person-sized movement on it. Most PCs these days have 300gb or more of hard disk space so you can record as much as you want.

Those are great, right up until the cameras are noticed and smashed.

[rynando]

Did they take, access or duplicate any data from your computers? Did the warrant give them the ability to access any your email accounts or any data you have on storage devices in your home?

Ryan

[WolfMansDad]

You mean they apologized, let you go, AND GAVE YOU BACK YOUR GUNS? Up to and including off-list rifles? This is a very good thing, and very professional on the part of the LAPD. Yes, it's bad that they made a mess, but they didn't shoot you, rough you up, or confiscate your weapons.

I was beginning to worry that Katrina-style confiscation was becoming the norm, where they take your legally-owned guns for no real reason, then drag their feet and never get around to returning them after you file the paperwork and pay the fees.

I'm sorry you had to go through the experience, but the outcome of a raid based on mistaken identity couldn't be better, could it?

[chuck762]

Did they take, access or duplicate any data from your computers? Did the warrant give them the ability to access any your email accounts or any data you have on storage devices in your home?

Ryan

My computer was on so I am sure they looked through it. Don't know what they looked at since I was not allowed back inside till they brought me home.

The electronic commo box was not checked.

The warrant has these boxes checked:

property was stolen or embezzled

property or things were used as a means of committing a felony

property or things are in possession of any person with the intent to use them as a means to commit a public offense or in possession of another to whom he or she may have delivered them for the purpose of concealing or preventing them being discovered.

property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed or tends to show that a particular person has committed a felony

[chuck762]

You mean they apologized, let you go, AND GAVE YOU BACK YOUR GUNS? Up to and including off-list rifles? This is a very good thing, and very professional on the part of the LAPD. Yes, it's bad that they made a mess, but they didn't shoot you, rough you up, or confiscate your weapons.

I was beginning to worry that Katrina-style confiscation was becoming the norm, where they take your legally-owned guns for no real reason, then drag their feet and never get around to returning them after you file the paperwork and pay the fees.

I'm sorry you had to go through the experience, but the outcome of a raid based on mistaken identity couldn't be better, could it?


I wouldn't say the apologized other than sorry you were in the wrong place at the wrong time (my friggen house for petes sake :rolleyes: ) but being my first time being raided by storm troppers it went pretty well I guess.
Just glad I didn't have a dog. ;)

They didn't actually remove any firearms. They wanted to but once they found the paper work they out 2 and 2 together (hurray for basic math!!!) and just kinda sorta tossed em back into the safe.

It's good the safe was open as I think they wanted to use their cool toys on it and pry or cut it open. :eek:

[CSACANNONEER]

I'm so glad I moved!

JK:)

[artherd]

Thanks, I will check into it. although I would hate to piss em off and have a repeat visit.

Absolutely positively obtain the affidavit. Hound them day and night for it, file written requests certified mail. The warrant won't say much.

There may not *be* an affidavit, then you have a case.

Please contact TMLLP for more.

[Liberty1]

Write down everything you remember and create a timeline. Write down everything!

Contact TMLLP if only so that they have the info. Document any damage and contact the city and submit a claim. It will most likely be paid without too much hassle. I think you're SOL on the time lost from work but who knows. And maybe you suffered traumatic emotional damage from having a MP-5 in your face over a mistaken raid. Talk to an attorney.

I've only been involved with one dramatic entry search warrant operation and in normal day to day work cleared a fair number of businesses, houses, and apartments. It's scarry work upon reflection. But at the time your all pumped up with adrenaline.

IMO, the State's war on guns and drugs is to blame for putting cops and citizens at odds (sometimes fatally) based on faulty info. Much of this activity is based on info from CI's (confidential informants) who are almost all criminals wanting to get on the good side of the authorities.

Hat tip to LAPD Swat and Det. for doing the right thing in the end. It is the case with some cops to find something to charge one with so as to CYA. They may be wishing that they had if they are now reading this thread.

[RP1911]

What was the date on the warrant? That could tell you how long they have been sitting on it and if they had a chance to verify the tennant or not. Also get the afidavit. It is critical if you have a case.

[chuck762]

Date it was issued was may 22 at 3:10 pm.

[chuck762]

Write down everything you remember and create a timeline. Write down everything!

Contact TMLLP if only so that they have the info. Document any damage and contact the city and submit a claim. It will most likely be paid without too much hassle. I think you're SOL on the time lost from work but who knows. And maybe you suffered traumatic emotional damage from having a MP-5 in your face over a mistaken raid. Talk to an attorney.

I've only been involved with one dramatic entry search warrant operation and in normal day to day work cleared a fair number of businesses, houses, and apartments. It's scarry work upon reflection. But at the time your all pumped up with adrenaline.

IMO, the State's war on guns and drugs is to blame for putting cops and citizens at odds (sometimes fatally) based on faulty info. Much of this activity is based on info from CI's (confidential informants) who are almost all criminals wanting to get on the good side of the authorities.

Hat tip to LAPD Swat and Det. for doing the right thing in the end. It is the case with some cops to find something to charge one with so as to CYA. They may be wishing that they had if they are now reading this thread.

I am worried about my hands as they are still numb and puffed up. I was cuffed to the bench for about 3 hours. I took pics of the mess and of my hands.

I can't do much until tuesday plus I can hardly talk due to my cold. I will make some calls then. I would hate to have this happen to another person in my shoes. Pretty darn scary not knowing what they have planned for you.

[Astig Boy]

They got the "wong" house. They got the "wong" house. :D

[packnrat]

If I were in your position, I'd be calling a lawyer...

double that, get a laywer right away...if not sooner.


:TFH:

.

[SteveH]

Moved in about a month and a half ago.

6 weeks is at the waaay back end of a search warrant. Figure for a controlled buy they are going to sit on the info for 10-20 days so the suspect doesnt know which buyer was the narc. figure three days to get the warrant signed off and approved, Then the warrant will usually have a 10-day expiration. So we are looking at 33 days on the outside before its a stale warrant. Of course with as many warrants as LAPD serves they may not have got to it before it and asked the judge for an extension.

Not unusual that there was no name on the warrant. Those who deal in contraband are often unwilling to give their name or use an alias or nickname. But there are ways around it. The cops should have watched the pad until the suspect left and get his plate number, or do a cold stop to get his identity for the warrant.

Do you have roomates?

[Sydwaiz]

Well at the least, maybe they caught your cold!

[Fjold]

If you have medical insurance go to urgent care and have the doctor there examine and document your injuries.

[ldivinag]

so, in the end, damaged property is not the fault of the police?????

that's always been my fear about standing up to a traffic stop. them asking me to pop my hood to look for illegal parts and me saying "no, unless you have a search warrant"...

next thing i know, i'm standing on the side of the road with a car taken apart...

sigh...

[CavTrooper]

How many innocent folks must be violated, abused and/or killed before citizens start fighting back?

Legal action (when one can AFFORD it!) is little more than a temporary inconvience to those who choose to violate your rights whenever they damn well feel like!

[LAK Supply]

Wow.... talk about violated! I would investigate what recourse is possible... at the very least they need to compensate you for the damaged property and missed work time.

I'm glad that wasn't my house.... guys kicking in the door while I have a pistol within arms' reach at all time..... there would have been some fatalities if that happened in my home. Unfortunately, I would have been one of them.

[CALI-gula]

After seeing the first post on this earlier today, and reading much of the rest now... sorry, I don't buy their excuse it was an honest mistake, or an error at all, especially when served on just the "residence" address only.

I think the original poster has yet to discover a deeper background story here, that 1) he was the target of the raid for some imagined reason on the part of the police/SWAT, and 2) the reason for "1" is because someone in his life cast out some lies against him - either from revenge or irrational fear - and he may never know who it might be, because when it comes to firearms, they take ridiculous tips seriously. You could tell them you think your neighbor is running a meth-lab or is a pedophile, and get a lackluster reaction or questioned "How are you sure?" - now instead, say you think that person is selling guns illegally, they check that address against DROS or AW registration history on their computers - see that residence has guns DROSed to it, maybe even more than a few dozen, and it's "Pull on the boots boys, and fire up the armored car!".

I think you were scammed, by them AND someone you know in your life, even if remotely.

.

[LaMigraMike]

Take Pictures and file against them then take them to the cleaners.

Fight the good fight.

[hawk81]

One of these days the cops are going to bust in on somebody that is not going to put up with this and there will be a lot of dead bodies.

[tombinghamthegreat]

One of these days the cops are going to bust in on somebody that is not going to put up with this and there will be a lot of dead bodies.

Waco, Texas ring a bell?

[Lounge Machine]

Get a lawyer. Period.

[chuck762]

6 weeks is at the waaay back end of a search warrant. Figure for a controlled buy they are going to sit on the info for 10-20 days so the suspect doesnt know which buyer was the narc. figure three days to get the warrant signed off and approved, Then the warrant will usually have a 10-day expiration. So we are looking at 33 days on the outside before its a stale warrant. Of course with as many warrants as LAPD serves they may not have got to it before it and asked the judge for an extension.

Not unusual that there was no name on the warrant. Those who deal in contraband are often unwilling to give their name or use an alias or nickname. But there are ways around it. The cops should have watched the pad until the suspect left and get his plate number, or do a cold stop to get his identity for the warrant.

Do you have roomates?

No rommies. Small 1 bedroom place and I am the only one in it.

[chuck762]

Well at the least, maybe they caught your cold!

That would be a hoot! But then again maybe microbe assault ?? ;)

[hoffmang]

You absolutely can file for and collect for any damage caused by the LAPD on this if it is as described. You'll need to file a tort claim which you don't really need counsel to complete. Here is a decent overview: www.pai-ca.org/pubs/522901.pdf

Damages would include:
Costs to repair or replace any damaged firearms or accessories.
Missed work.
Any structural damages.
Any medical costs associated with being cuffed, etc.

You'll need receipts or valid estimates. The Tort Claim is required to then be able to sue LAPD for money damages later if they don't just pay your claim.

-Gene

[LECTRIKHED]

You should definitely move. You don't want some pissed off gang member showing with the whole gang because a gun he bought there broker. I'd leave the county entirely given what has happened. As you mentioned, this may be a good time for you to make that life change to AZ.

[chuck762]

After seeing the first post on this earlier today, and reading much of the rest now... sorry, I don't buy their excuse it was an honest mistake, or an error at all, especially when served on just the "residence" address only.

I think the original poster has yet to discover a deeper background story here, that 1) he was the target of the raid for some imagined reason on the part of the police/SWAT, and 2) the reason for "1" is because someone in his life cast out some lies against him - either from revenge or irrational fear - and he may never know who it might be, because when it comes to firearms, they take ridiculous tips seriously. You could tell them you think your neighbor is running a meth-lab or is a pedophile, and get a lackluster reaction or questioned "How are you sure?" - now instead, say you think that person is selling guns illegally, they check that address against DROS or AW registration history on their computers - see that residence has guns DROSed to it, maybe even more than a few dozen, and it's "Pull on the boots boys, and fire up the armored car!".

I think you were scammed, by them AND someone you know in your life, even if remotely.

.

That thought crossed my mind but I figured if it was a firearm complaint against me that they would have found an excuse to hold or charge me.
Hopefully I will be able to find out.

[chunger]

It doesn't cost anything to call around and ask, if someone thinks you have a case, they may take it on contingency. At least call around and talk to some people before you give up.

+1 . . . there are a lot of folks who are itching to go on the offensive in this matter and send a message. If the LEO has exposed themselves to legal action, it's worth finding out for the sake of the community how much if any leverage we have.

I seems having a lawyer guide your initial actions gives you much more weight, and a quick, strategic response and positioning after the incident is necessary to find/exploit any mistakes that were made leading up to this mess.

[EdinKali]

Too bad we can't get the media to investigate crap like this and put the law in the hotseat for a change. They would of course twist the story and we still end up looking like the bad guy.

Lou Dobbs at CNN might be interested in your story. He is following the status of that guy Wisconsin very closely. Might be worth sending off an e-mail to him.

[MisterDudeManGuy]

Don't get complacent just because you were not charged. They had several hours to go fishing in your life, and they might have turned up any one of a number of things that were either marginally legal or illegal that were not on the original warrant or affadavit. There is no time pressure for them to act. What's on your PC?

I would move, simply to avoid old customers from arriving on the doorstep as mentioned before. Do you really need that? Moreover, you are on the radar of the LAPD now, and whether you stay on it or not is really up to the feelings of the officers that did not get who and what they were looking for.

Remember, there are no negative repercussions for them at this time. Now that they know for a fact that you own a lot of firearms, who's to say what they will think of next? Maybe they sit off your house a few nights and run traffic on you. Maybe they pull trash a few times. Maybe they end up hooking up one of your friends who isn't so scrupulous about the law. That, in and of itself, would legitimize their raid on your place. In some minds.

I'd freaking move.

[djslik408]

Being detained and questioned for hours though... I'd feel violated and hire a good attorney.

[Shotgun Man]

This is a very long and interesting thread, and I haven't read all the posts, but I did see the question arise of whether you can get the affidavit for the search warrant.

Yes, you can. Take the copy of search warrant to the clerk's office of the courthouse where the signing judge works. Tell them you wanna read the affidavit. Unless it was filed under seal, it is public record, I believe.

[chuck762]

I just noticed and looked up a couple of boxes that are checked on the warrant. One is Hobbs Sealing Request and the second one is Hobbs Sealing approved. Both are checked yes. So it looks like some or all of the Affidavit will be sealed to hide who the CI is.

[Holocanthus]

Oh yeah, my hands are still numb from the cuffs. Hope the feeling comes back soon.

Were the cuff's excessively tight? That is a form of brutality. Best mention that to the lawyer as well. You most likely will be able to find some one to work on contingency which would be about 40%. At the worst case, you could file a nuisance suit and they would just pay you to go away.

[mecam]

Seems they were after a previous tenant who just happened to be selling guns to gang bangers and is a middle age white guy. Lucky me. :rolleyes:

Cops seems to fear that ethnic group when it comes to guns. :D

[retired]

And this is one of the many reasons why Police Officers do not get any resepct from the people.

Pretty big and erroneous brush there Rocko. Some leos get respect from some people. Your absolute is just that and as many absolutes, incorrect.

With that said, I'm not taking the side of LAPD. Chuck, you went thru a horrible ordeal and I'm glad you weren't seriously hurt or worse. I would take the advice of those who said to get a lawyer and a copy of what you can of the affadavit, recognizing it might be sealed as you stated.

Also, as suggested, moving from the loc would probably be advisable. Perhaps until you can move to Az., moving out of L.A. city might be a good idea for the reasons given by others.

I wish you luck with any legal action available to you.

[Bill_in_SD]

You should apply for a CCW since there is a plausible threat now:

- your neighbors know you have guns. EBRs.
- your neighbors may think you 'snitched' since you are back home so quick, even thought they don't know what the real story is
- the last guy may come back and try to hurt you since you talked to the police about some mail you forwarded to him (a stretch, but...)

Be safe