Cop gets 5 years in prison for warrantless search

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http://www.stltoday.com/news/local/...cle_309ff04b-6b63-5de9-962f-401f1ec489c7.html

MONTGOMERY CITY • A St. Charles County sheriff's deputy was sentenced Friday to five years in prison for breaking the law while he and other officers were at a Middletown, Mo., home to apprehend a wanted meth cook.

In August, a jury found Christopher E. Hunt, 38, guilty of felony burglary and misdemeanor assault and property damage after a three-day trial that pitted police officer against police officer.

The charges stemmed from the Feb. 5, 2009, arrest of Phillip Alberternst, who was wanted on several felonies related to meth-making. Hunt and three other members of the St. Charles County Regional Drug Task Force were assisting members of the East Central Drug Task Force — which serves Warren, Audrain and Montgomery counties — with the arrest.

In arguments during the trial, Montgomery County Prosecutor Nicole Volkert said officers had agreed to try a consensual search because they didn't have a search warrant, but when Hunt showed up later, he kicked in a porch door and beat "a helpless, naked man" who was not resisting. The burglary charge stemmed from him going into the home.

Hunt plans to appeal his case, and he remains free after posting 10 percent of a $100,000 bail.

St. Charles County officials tried to write a check for the 10 percent, but Circuit Judge Keith Sutherland would not allow it. "I don't know whether it's normal or not, but we're supporting our people," County Executive Steve Ehlmann said later. "People don't understand what a tough job these guys have."

Ehlmann said Hunt then paid $5,000 of the bail money, and St. Charles County Sheriff Tom Neer put up the other half.

At the sentencing, Hunt broke down several times while reading a statement in which he detailed his military service with the Marines and his lifelong desire to be a police officer. He said on the day of Alberternst's arrest, he felt everyone around him was in danger.

"I had to decide in a matter of seconds what it took jurors five hours to weigh," he said. "My intention that night was not assault, it was safety."

Hunt's wife also testified on his behalf, but Sutherland did not let Neer or Ehlmann get on the stand after Volkert said they weren't listed as potential witnesses.

Volkert asked that Hunt get 15 years for the burglary charge, in part because he is a police officer.

"This is the type of person who makes other people doubt the entire system," she said.

Hunt's attorney, Joseph McCulloch, argued for probation. "His law enforcement career is ended; the ability to support his family is crippled," he said. "I don't know what message putting him in jail would send."

But Sutherland said he agreed with the jurors that Hunt had gone to the scene that night with the intent to get revenge on Alberternst, then "made up facts to make himself look good."

http://www.stltoday.com/news/local/...cle_309ff04b-6b63-5de9-962f-401f1ec489c7.html
 
It's nice to see some actual consequences for a police officer's actions.
 
^ For once, yes. Was good to see they called him on his 'worried about our safety!' bullshit.
 
My dad used to be a cop. He's been retired for years now, but when he gets pulled over for speeding he flashes his old badge and usually gets off the hook. I always thought that was bullshit. Glad this guy got called out on his bullshit search
 
^ I am far, far less offended by that than by what the cop did in the article here.
I am glad that they are prosecuting him, though 15 years seems like too strong of a punishment to me. (How long is a fair sentence for beating up a helpless, naked man and stealing his - illegal - property? People get 15 years for rape and murder, and this is not as terrible as those crimes. I would say 7 or 8 years might be a reasonable sentence.)
Still, it is really, really good that cops, too, have to follow and respect the rules.
 
I am glad that they are prosecuting him, though 15 years seems like too strong of a punishment to me.

If it were just a normal asshole on the street I'd agree with you, but we give cops special powers and hold them at a special standard because they're supposed to serve society, and this cop directly betrayed that.

And hell, it might even make a few other cops think twice before beating someone down or bashing in a door illegally. After all, isn't that why drug users go to jail, as a deterrent?
 
^ That is supposedly why drug users go to jail, but the whole idea doesn't make sense to me.
It seems unfair to punish person X "as an example" so that other people won't do the same thing.
After all, this is person X's life.

But your point about holding cops to a higher standard is a good one.
 
well in England if you kill a prisoner or a man in the street and you are police you tend to get away with it...
 
^ That is supposedly why drug users go to jail, but the whole idea doesn't make sense to me.
It seems unfair to punish person X "as an example" so that other people won't do the same thing.
After all, this is person X's life.

Do you think that dirty coppery is as seductive and irrepressible as heroin addiction? I think deterrence is not always a loser. It's worked really well in nuclear politics.
 
Deterrence is quite different in nuclear politics and in prison sentences.
With nuclear politics, if you attack us, you will be destroyed.
With prison sentences, if you are caught doing X, you will be punished severely. You might be able to get away with it for years before being caught, or forever, so it seems fundamentally different to me.

Is dirty coppery as seductive as heroin addiction? Probably not. But people with power always seem to abuse it...


Edit: in any case, the cop only ended up getting 5 years, which is probably approximately fair, I would say, or a bit on the light side, so it may not be relevant to this case.
 
"People don't understand what a tough job these guys have."

Don't fucking do it then, if you can't handle the heat don't work in the god damn oven.
 
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