Obama Administration Defended DEA agents who put a gun to little girl's head

[LogicSoDeveloped]

The Ninth Circuit Court of Appeals ruled last week that the DEA’s use of force against the 11-year-old and 14-year-old daughters of Thomas and Rosalie Avina--which included putting a gun to the youngest girl's head--was “excessive,” “unreasonable,” and constituted “intentional infliction of emotional distress.”

Attorneys for the Obama administration defended the raid, and Reason has obtained the brief the DOJ filed to the Ninth Circuit. In it, the Obama administration argues that “the DEA agents’ conduct was plainly reasonable under the circumstances.”

After subduing their parents, agents broke into the two girls’ bedrooms during a wrong-door raid in January, 2007. The oldest of the two girls dropped to the floor and was handcuffed by agents before being dragged into the living room and laid next to her mom and dad. The 11-year-old, however, was sleeping when agents came into her room. As they began to shout at her to “get on the fucking ground,” the girl woke up and “froze in fear.” Agents then dragged her from her bed to the floor. One agent handcuffed her while another aimed a gun at her head.

Citing Muehler v. Mena, the unanimous 2005 Supreme Court decision that established the right of law enforcement agents to detain residents during a raid for an unspecified amount of time—Iris Mena and several of her tenants were handcuffed and left in a garage for three hours while federal agents ransacked her home looking for evidence to use against a suspected gang member boarding with Mena—the Obama administration argued to the Ninth Circuit that the DEA agents were acting within the law when they handcuffed the entire Avina family.

The Obama administration’s argument is based on the agents’ belief that the home they were preparing to raid on January 20, 2007, belonged to suspected drug trafficker Louis Alvarez, who “had a history of violence and resisting arrest.” The agents anticipated that Alvarez would be armed, and that the only way they could safely arrest him would be with an early morning raid. While agents would later learn that they had the wrong house, they didn’t know that when they battered down the Avinas’ front door, guns ready.

the rest at: http://reason.com/blog/2012/06/19/obama-administration-defended-use-of-vio

 

[weekday warrior]

It sems that law enforcement is getting more and more insane. In my area the police dept blew a 92 year old mans head off with a pump shoty because he was off his meds and threatening the officer with a pocket knife 92 fucking years old BLAM. In my opinion the police are the lowliest scum on the planet. Might not sound believeable but i swear this happened. Another friend of mine ran from the cops on a bike they followed him into his house and killed him in his bedroom a childhood friend of mine. Another incedent happened when someone stole a motorcycle cop tried to arrest him he was a wrestler in high school so he got the cop on the ground and fled as he was running the cop leveled his weapon and put three rounds in the middle of his back, IN HIS BACK! You think a 7.56-51 mossin nagant will penetrate a bullet proof vest? I do...

 

[slimvictor]

Obama is no better than Bush in 95% of all areas of governing.
He is a spineless, plastic man, a hollow figure.
His attorneys are supporting cruelty and terror inflicted on children in the name of the Holy Drug War.
I call that evil.

 

[Crankinit]

When are people finally going to get tired of being forcibly told what they can and cannot put into their body by paramilitary thugs in ski masks with government funding?

 

[Doctor_Ew420]

When are people finally going to get tired of being forcibly told what they can and cannot put into their body by paramilitary thugs in ski masks with government funding?

Soon, I hope really soon. The majority of people (to my own surprise) have no issues with any kind of drug use. Of course they don't want their daughter shooting up, but, regular citizens ARE becoming more aware of the farce that is the drug war and the stigma that inebriating drugs have. Little old ladies who I would not expect it from are growing poppies so they can take care of their ailments by themselves, without doctors (who deserve as much trust as police) and the government having anything to do with it.

While looking over my 80+ year old landladies garden while having a cigarette we got to talking. We both like gardening so that is where it started, I noted that I would give her a variety of poppy seeds since she likes to grow and use them... She was happy with what came out of her blue persian poppies, but she didn't like the colour.. She wants some pink giganthemums and white persians. Done and done!
She asked me if I ever used to smoke marijuana, I told her I still do! She asked what it was like and I explained. It would be best if I could show a picture of this lady because she has never touched a drug in her life aside from some probable wine and possibly her poppies. I plan to secretly put an envelope under the door of her apartment with a small amount of lows or mid grade pre-rolled. I hope it helps her!

For the last 2 years or so I have felt a real grumbling in the general drug using community and drug raids are harder and often more violent than ever now. Something has to change and I really hope it is the ending of the war on drugs that topples a pathetically fake 'democracy'

 

[Crankinit]

Soon, I hope really soon. The majority of people (to my own surprise) have no issues with any kind of drug use. Of course they don't want their daughter shooting up, but, regular citizens ARE becoming more aware of the farce that is the drug war and the stigma that inebriating drugs have. Little old ladies who I would not expect it from are growing poppies so they can take care of their ailments by themselves, without doctors (who deserve as much trust as police) and the government having anything to do with it.

While looking over my 80+ year old landladies garden while having a cigarette we got to talking. We both like gardening so that is where it started, I noted that I would give her a variety of poppy seeds since she likes to grow and use them... She was happy with what came out of her blue persian poppies, but she didn't like the colour.. She wants some pink giganthemums and white persians. Done and done!
She asked me if I ever used to smoke marijuana, I told her I still do! She asked what it was like and I explained. It would be best if I could show a picture of this lady because she has never touched a drug in her life aside from some probable wine and possibly her poppies. I plan to secretly put an envelope under the door of her apartment with a small amount of lows or mid grade pre-rolled. I hope it helps her!

For the last 2 years or so I have felt a real grumbling in the general drug using community and drug raids are harder and often more violent than ever now. Something has to change and I really hope it is the ending of the war on drugs that topples a pathetically fake 'democracy'

I think for the first time people are realizing that they're the ones being mistreated. Outside of a tiny fringe of cannabis activists, there was an attitude for a long time in the drug community that even if drug users themselves used drugs, drugs still deserved and needed to be controlled, especially "hard drugs." People are finally realizing that the War on Drugs is about protecting special interests, not the community, and that they don't deserve to be treated the way they are just because they choose drugs that society doesn't approve of. People are starting to look beyond legality and analyze for themselves the risk/reward associated with chemicals, and they're wondering why world governments aren't capable of doing the same.

 

[Haoma]

If health were an issue in the drug war, free health care would be a top priority. Yet the ones most intrenched in the drug war are the ones fighting any kind of public health care.

 

[captainballs]

When you break it down, the DEA is a gang. You have to respect their style. Guns to the kids' heads, tie up the family. Respect it or check it.

 

[Foreigner]

This is why I agree with Indiana's new law which says you have the right to shoot to kill law enforcement officers who do not present a warrant when breaking into your home. If you don't have a warrant for my home then you are a tresspassers just like any other and I will shoot you if you attempt to harm my family or I. Hell, even if it weren't Indiana, this shit would not fly in my home. Putting a gun to my 11 year old's head and cursing at her? I don't think so. That kind of shit scars children for life.

The scum sucking politicians propping up the DEA deserve to be sent to the 9th ring of hell for the kinds of crimes against humanity they have authorized.

 

[slimvictor]

^ While I agree with your sentiment, I do not see it as a sufficient rationale for arming myself.
The FDA will unquestionably be better-armed, and will shoot to kill.
It is not a game that can be won with guns.

 

[Herbal~Jah]

Too many people (our parents) were brainwashed beyond repair that "drugs" are the most evil and horrendous thing on this earth. Therefore the brainwashers (the US gov't) gets to make drugs front and center in the minds eye of society and at the same time telling everyone they are illegal and that you will be locked in a cage and have all your possessions stripped from you if you are caught using any of these "drugs." They did this b/c the gov't has done extensive research on human psychology and knows that sense every human being will enjoy certain drugs that they will be in-evitably drawn to those drugs and into the trap of this "Drug War." The Drug war has ruined more lives then any REAL wars combined... that is the w0rd~

 

[weekday warrior]

In san fransisco a few years back there were three guys in a car and two dea agents in plain clothes stepped in front of the car(one was behind) and pointed guns at the driver and passenger. The driver thought it was a carjacking and attemped to flee. All in all the three occupants of the car were dead and the car had 118 bullet holes in it. The pricks had to reload their 13 round magazines and continue shooting about three times EACH. Unbeleiveable.