Another drug raid debacle.

Last week, in the investigation of a major drug distribution network, police staged a no-knock entry into a private residence. They seized over 30 pounds of marijuana. Two guard dogs who were a threat to the police had to be killed in the execution of the raid. Two people in the residence at the time were handcuffed at the scene and questioned as to their involvement in the crime.

Sound pretty straight forward? More or less standard procedure when police are investigating a large quantity of narcotics?

Well, how about this version of the story?

It now appears that the entire raid on Berwyn Heights, Maryland Mayor Cheye Calvo may have been illegal. Last week, police stormed Calvo's home without knocking, shot and killed his two black labs, and questioned him and his mother-in-law at gunpoint over a delivered package of marijuana that police now concede may have been intended for someone else.

The Washington Post reports that the police didn't even bother to get a no-knock warrant, which means the tactics they used were illegal:

A Prince George's police spokesman said last week that a Sheriff's Office SWAT team and county police narcotics officers were operating under such a [no-knock] warrant when they broke down the door of Berwyn Heights Mayor Cheye Calvo, shooting and killing his black Labrador retrievers.

But a review of the warrant indicates that police neither sought nor received permission from Circuit Court Judge Albert W. Northrup to enter without knocking. Northrup found probable cause to suspect that drugs might be in the house and granted police a standard search warrant.

"There's nothing in the four corners of the warrant saying anything about the Calvos being a threat to law enforcement," said Calvo's attorney, Timothy Maloney. "This was a lawless act by law enforcement."

Oh, a couple more things to fill in the blanks. One of the labs shot was running away from the police:

As the police came in, Calvo said, they shot his 7-year-old black Labrador retriever, Payton, near the front door and then his 4-year-old dog, Chase, also a black Lab, as the dog ran into a back room. Walking through his house yesterday, Calvo pointed out a bullet hole in the drywall where the younger dog had been shot.

The police were the ones who delivered the package:

Calvo's home was raided after he brought a package addressed to his wife inside from his front porch. Police had been tracking the package since a dog sniffed the presence of drugs in Arizona. It was delivered to the house by police posing as deliverymen and left on the porch on the instruction of Calvo's mother-in-law.

Police are required to provide a copy of any search warrant at the time the search is conducted. They got around to doing this several days later:

Another issue that could arise in court is whether officers provided Calvo a copy of the warrant at the time of the raid, as required by law. Maloney [attorney for Calvo] said they did not, even though a detective signed a sworn statement to the judge indicating that he had. Instead, the detective brought the warrant to Calvo several days later, Maloney said.

*Sigh*

Let's recap: In the course of investigating a suspected drug distribution network known to be using false deliveries to private homes, police intercept one such package. Posing as delivery personnel, they take it to the home of Cheye Calvo. Where they are told to leave it on the porch. (Who the hell would leave an expected shipment of 32 pounds of pot sitting on the porch???) When Mayor Calvo gets home, he takes the package inside and sets it aside, leaving it unopened. A short time later, a SWAT team kicks in his door, and shoots his dogs, rather than having coordinated with local police to gain access to the suspect and home without the need to resort to violent tactics. Calvo and his MIL are handcuffed and interrogated at the premises for hours. No warrant authorizing the raid is produced until days after the event.

One more quote from the Washington Post story yesterday:

Were Calvo or his wife, Trinity Tomsic, to be charged in the case, the issue of the search could come up if prosecutors tried to introduce the box of marijuana as evidence. More likely, experts said, the issue could form the basis of a civil rights lawsuit filed by the family against the county in the incident.

No shit. The authorities responsible for this debacle are facing a huge lawsuit. And they're damned lucky that the only bodies on the floor were dogs (as tragic as that itself is).

And consider for just a moment how this situation might have been reported differently were Calvo and his wife black or Hispanic, had they not lived in a nice middle-class home, had he not been well established and politically connected. Consider for just a moment if this situation had happened to you.

Jim Downey

(Cross posted to my blog.)