Minneapolis SWAT Team Raids Wrong House

This is a screwed up situation all around:


Minneapolis SWAT Team Raids Wrong House
Tuesday , December 18, 2007

MINNEAPOLIS —

With her six kids and husband tucked into bed, Yee Moua was watching TV in her living room just after midnight when she heard voices — faint at first, then louder. Then came the sound of a window shattering.

Moua bolted upstairs, where her husband, Vang Khang, grabbed his shotgun from a closet, knelt and fired a warning shot through his doorway as he heard footsteps coming up the stairs. He let loose with two more blasts. Twenty-two bullets were fired back at him, by the family’s count.

Then things suddenly became clear.

“It’s the police! Police!” his sons yelled.

Khang, a Hmong immigrant with shaky command of English, set down his gun, raised his hands and was soon on the ground, an officer’s boot on his neck.

The gunmen, it turned out, were members of a police SWAT team that had raided the wrong address because of bad information from an informant — a mistake that some critics say happens all too frequently around the country and gets innocent people killed.

“I have six kids, and only one mistake almost took my kids’ life,” said Moua, 29. “We will never forget this.”

No one was hurt in the raid Sunday, conducted by a task force that fights drugs and gangs, though two police officers were hit by the shotgun blasts and narrowly escaped injury because they were wearing bulletproof vests.

Police apologized to the family and placed the seven officers on leave while it investigates what went wrong.

Such mistakes are a fact of police work, some experts said.

“Does going to the wrong address happen from time to time? Yes,” said John Gnagey, executive director of the National Tactical Officers Association in Doylestown, Pa. “Do you corroborate as best you can the information the informant gives you? Absolutely. But still from time to time mistakes are made.”

One of the biggest botched raids in recent years happened in Atlanta in 2006, when police killed a 92-year-old woman in a hail of nearly 40 bullets after she fired a shot at what she thought were intruders. Police had gone to her house on a drug raid, but no drugs were found.

Prosecutors said that in obtaining a search warrant, Atlanta police falsely told a judge that an informant had confirmed drug dealing there. The scandal led to a shake-up in the department, two officers pleaded guilty to manslaughter and civil rights charges, and the city faces at least two lawsuits.

Reliable figures on the frequency of erroneous raids are hard to come by. Federal agencies, including the FBI and the U.S. Marshals Service, said they do not keep track.

A study last year by the libertarian Cato Institute said: “Because of shoddy police work, over-reliance on informants, and other problems, each year hundreds of raids are conducted on the wrong addresses, bringing unnecessary terror and frightening confrontation to people never suspected of a crime.”

Gnagey disputed the reliability of the research behind those figures, and said it is impossible to know whether they are too high or too low. He said no dependable estimates exist.

“Going to the wrong home is an extreme rarity,” said Mark Robbins, a law enforcement professor at Minnesota State University, Mankato. “It’s just unfortunate that when it does, it often ends up in violent and even tragic incidents.”

In the Minneapolis case, the nature of the tip and precisely what police were looking for were not disclosed; they have not released the search warrant. And it was not clear how far off the mark the informant was in supplying the address.

No charges were brought against Khang, a laid-off machine operator who lives in crime-ridden north Minneapolis. Khang used the shotgun for hunting, said his brother, Dao Khang. In Minnesota, no license is required to own a shotgun.
Khang, who speaks some English but used an interpreter during an interview, said he does not remember hearing any calls of “Police!” until his sons shouted. He said he would never knowingly shoot at officers.

“That’s why I reacted the way I did, to protect my family and two sons,” said Khang, 34, whose children are ages 3 to 15.

Lt. Amelia Huffman, a police spokeswoman, said the information in the search warrant came from a source who had been reliable in the past.
Huffman said officers who routinely work on drug and gang cases are trained to try to corroborate their information. As for why the process didn’t work this time, “that’s one of the things the internal investigation will go through in exhaustive detail,” she said.

The Hmong are hill people from Laos who aided the CIA during the Vietnam War by fighting the Viet Cong. Hmong refugees began arriving in Minnesota in the late 1970s, and there are perhaps 60,000 Hmong in Minnesota today.
The Khang family is living with relatives until the house gets cleaned up. The raid left six windows broken and walls and ceilings pocked with pellet and bullet holes.

“The whole family is badly shaken and still trying to understand what happened,” Moua said.


Link to the article [u]http://www.foxnews.com/story/0,2933,317398,00.html[/u]

Joe Mamma

I’ve heard of so many of these stories, (to include a former Team mate who heard guys stacking & thought it was a unit prank… and put down his .45 when crashed…) I think LE should suffer highly public severe punitive actions for lack of due diligence & not properly surveailing (sp?) a house before a raid.

What a recipe for disaster.

However inconvenant, a US residence need be treated as such. IMO There is no time sensative (enough) reason on a drug raid to forgoe such basic task which ensure the public safety.

you have no idea how much this happens . either from some skell lying to save his neck or some coworker being too lazy to do his job and double and triple checking the intell . its always nice to know your hitting the right place let alone that there is kids or dogs or armed citizens on location . its nice to know that nobody was hurt and this guy wasnt charged .

Uuh…

Never really thought of this before when it comes to home defense. :eek:

Such mistakes are a fact of police work, some experts said.

IOW, “Such ‘mistakes’ don’t become problems for us until one of our officers is killed. As long as it’s just you ‘civilians’ dying it’s ‘just a fact of police work.’”

Cops that fuck up on such a grand scale should go to prison. Do not pass go, do not collect $200, straight to jail. Anybody else would, regardless of profession, why shouldn’t cops?

This is appalling every time we hear about it, especially since it probably (as some have stated) happens a lot more frequently than we could ever know. Given the stakes involved, ONE mistake like this is unforgiveable. There is no legitimate way to justify this. Not one. None.

This is a striking example of why so-called “no-knock” warrants are a supremely bad idea and should almost never (if ever) be used. Being able to catch real bad guys with evidence occasionally is not worth the risk of making a mistake.

I suspect that in some juridictions, had the homeowner successfully stopped the intruders, he would would have been prosecuted for his actions. He had every right to act as he did. I’m glad no one was hurt, but had ANYONE been injured, whether part of the family or one of the cops, it would have been solely the fault and responsibility of the police officers involved from the bottom up. I doubt if the law would see it that way everywhere, but that doesn’t make it wrong.

There have been topics on a variety of forums discussing what to do under such circumstance, ranging from police making a mistake to non-badge wearing criminal intruders pretending to be police. Those who participate in such topics with legitimate questions and commentary are typically ridiculed. I find that unfortunate, because such things really can and do happen and we all need a plan for it as much as we need a plan for any other kind of home invasion.

Oops…

It is an imperfect world and things happen…

That is why they call them accidents…

Dust them off, say your sorry, buy them a new door, & move on…

Just my .02

Buck

Most folks who have “accidents” that involve a degree of negligence and result in another’s death and/or property destruction don’t get away with just issuing a mea culpa fella.

I wonder what you’d think if a truck driver pushing to meet a delivery deadline fell asleep and creamed your family.

An “accident” is unforseeable circumstance. This is gross negligance involving lethal force.

My amigos don’t spill there blood across the globe moping up terrorist intent on spilling Western blood, to have the Constitution run-over in the US… violence spilling into housholds in America, by negligant, ignorant, lazy turds, hiding behind badges…

Some guy with a shady history, needing another fix points to a house & say’s “yeah, I think that’s it”. And, it’s good enough for a no-knock raid? Ask any DA, 99% of the time testimony from these CI’s isn’t reputable enough to get convictions & yet a PD executes a no-knock, with extremely high likelyhood of involving or inciting violence… I hope somebody burns.

Perspective garnered from working with Fed, State & local LE, and time as a municipal Paramedic. I’m not completely blind to domestic LE issues.

It was only a matter of time until we saw this. There is always at least one. :rolleyes:

And the dust “them” off comment is just pure, indignified unprofessionalism.

Perhaps a bit of surveillance or back-up intel before heavily armed, well trained officers go in ready to kill? Too much to ask for some?

Living here in Wisconsin we have seen our relationships with the Hmong
be tested over the past two years.
With this happening just over the border in Minnesota…it put it right on
the front page again.
I commend the Chief for stepping forward and saying what happen was wrong
and meeting with the family as soon as he did.

Everybody needs to throttle back on the rhetoric until the investigation is done. The Cato Institute and Radly Balko can lick my sack. These events are extremely rare and unfortunate.

I am sure there will be changes to the way these guys do business and that some careers will suffer extremely negative consequences over this action.

The officers involved, as long as we’re waving the Constitution around, have some rights, too. The officers who screwed up might not be the ones who executed the raid. I read one report that said the officers were looking for a wanted felon, not executing a search warrant. However, until we see the investigation, we won’t know what happened and how it can be prevented in the future.

That is not even a rational argument… And certainly has nothing what so ever to do with what was reported above…

I was unaware that you are a Doctor of Jurisprudence… To find a claim of gross negligence (spelled with an “e”) you have to show some sort of injury, and that the Officers were operating outside of their scope and practice…

The incident reported above had no injuries and it occurred during the lawful service of a search warrant, therefore, there is not any merit to your claim…

I have personally been directly involved in the anti terrorism game for quite some time both domestically, and abroad, and I would be eager to hear more of your thoughts of what your amigos might think; However, in reference to this case, I can only assume that by “the Constitution being run-over” you are more specifically referring to the 4th and 14th amendments…

Again as reported above, a Magistrate issued a valid warrant upon a finding probable cause, and the warrant was lawfully served… Both the letter and the spirit of the Constitution were followed…

Was there a mistake??? Yes… Do mistakes happen??? Yes… The world of men is an imperfect place; learn to deal with it…

To be used in an affidavit of a warrant, a “CI” has to be deemed reliable by the issuing magistrate; I’m not sure what you mean by “any DA”… Do I get to pick??? I know quite a few, or can I use an AUSA and go for the big leagues??? The point is we are all human beings and sometimes things happen, … Its not like one of your anonymous amigos accidentally called in an air strike on a wedding and killed the entire bridal party…

I hope your struck by seagull poop…

So you shouldn’t dust them off??? Well since you can’t set the way back machine to before the warrant service was executed; I think it would be nice to take the handcuffs off of them, and try to put things back more or less where they were before the entry was made, but hey, if you just want to walk away and not clean things up, that’s up to you I guess… It is not a legal necessity…

And specifically what kind of “surveillance or back-up intel” are you hoping for??? Some thermal imaging from a secret squirrel spy satellite that can see cocaine base??? Madam Cleo’s psychic friends network??? A fixed OP across the street looking for “activity” in a location that has seven or eight people living it??? A big sign on the lawn that says “Dope R US”???

I believe they made the best decisions they could, with the information that they had… Apparently a Superior Court Judge did too… But as none of us were there, all of this is simply speculation…

sorry , but dust them off ? as a LEO that type of thinking is why most people hate cops . there was a gun fight in this inocent persons home where there were several children . this situation is fubar . the swat team in my experience is probably not at fault as it is usually a detective or some narcotics unit that called them in . the guy running the investigation should be sent packing and the skell who gave the hot tip should be locked up . in my experience when you get a tip you recon the target - getting all types of intel on the house doors ,windows, landscaping , dogs , lookouts , known felons residing in the target , confirmation of illegal activity ( sending in under covers) . you dont saddle up and kick the door blind , thats how people get killed and good people whether its the cops or the home owner defending his family go to jail for a long time . sounds to me that this guy has one hell of a lawsuit

Hey Buck we could always just do the fireman thing…ya know sit around do nothing until we are called…I kinda like that idea.:wink:

Excellent post…filled with suportive information/legal procedure…instead of all the hyperbole spewed by some in this thread

I’m still trying to figure out how yelling “Police, we have a warrant” allows you to bust down someones door and go in with SWAT. This is that Grey area bullshit that has plenty of arguments on both sides of the line, but still seems to violate our constitutional rights.
I just hope families of police officers never have to be told that their husband/father/brother died because they busted down the wrong door belonging to a heavily armed law-abiding citizen while executing a “no-Knock” warrant (or a NO INTEL warrant)…that would be death in vein.

THis home owner had a shotgun and luckily only wounded the officers, so everyone gets to go home to their loved ones.
What would have happened had the homeowner had a .30 cal or larger bolt gun and DRT one of the officers? I am thinking that we would be speaking of the late home owner. If he was not shot dead, the home owner would be looking at charges even though all he did was defend his family from an attempted home invasion.

How will this help put the public’s opinion of the law enforcement community? There are already a great number of people around the country that do not like or trust LEOs, these types of actions just increase this number. Is the slow and steady destruction of the public trust that our society is based upon worth a piddly little drug conviction? How can we have an operable society if the entire country views the law enforcement profession the way that blacks in LA viewed the LAPD after Rodney King?

And your comments are an excellent example of the blind loyalty and blatant arrogance spewed by too many law enforcement personnel. Supportive information/legal procedure my ***. No facts, no nothing, other than “someone screwed up, no one was hurt, what’s the big deal”. Of course, if it were your home, that ridiculous attitude would be gone fast. Yes people make mistakes, but LEO’s must also be accountable for them just as us “dust-offables”.

And of course, Buck, we all know that a drug/suspect home has never been successfully staked out unless it has a “dope r us” sign out front. Ridiculous argument.

Unprofessional, ugly arrogance.

I realize this thread has two sides LEO’s and the rest of us. We can sit around and have an internet pissing contest and debate constitutional rights. This was a petty drug raid- not a Counter Terrorism Raid (kind of a big difference there). Put yourselves in the Home Owner’s shoes. I don’t think anything would have happened to him had he killed an officer or two. Not to sound cold, but it would not have been his fault at all. Maybe if the cops would have waited one more day to do the raid, they would have had competent surveillance of a mother putting her children on the school bus and a father going off to work…
I’m just sayin…