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No Knock Warrant: Another Drug Raid Nightmare
- Thread starter BigV
- Start date
Update...
Comment: Some perplexing overtones with this incident. Shades of Atlanta (Kathryn Johnston case)? Use of paid criminal informants, who are given a pass on their crimes in exchange for certain testimony, seems to be a common LE tactic in the "drug war" these days. Ends justify the means?
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Report from Chesapeake: Possible Second Informant Emerges in Ryan Frederick Case
Radley Balko | June 13, 2008, 9:41am
Twenty-eight-year-old Ryan Frederick currently sits in a jail in Chesapeake, Viginia for killing Det. Jarrod Shivers during a drug raid on Frederick's home. He had no criminal record, and just a misdemeanor amount of marijuana in his home. He also says someone broke into his home three nights before the raid. He's being charged with capital murder and felony manufacture of marijuana.
The raid was conducted based solely on the word of a confidential informant. Police made no attempt to buy drugs from Frederick. A couple of weeks ago, local TV station WTKR identified the police informant in the case, a 20-year-old man named Steven who had several charges pending against him at the time of the raid, was dating the sister of Frederick's fiance, and had a standing grudge with Frederick. The station reported that Frederick and his friends and family believe Steven was the one who broke into Frederick's home the same week of the raid.
Last week I received a tip that there may have been a second man involved in the break-in at Ryan Frederick's house. My source has spoken to the man a few times over the last few months, and says the man has confirmed not only that he and Steven together broke into Frederick's house at the behest of the police, but that the two had been working as paid police informants for months—and had actually broken into several houses around Chesapeake, all with the blessing of Chesapeake police officers.
The second man is currently in the Chesapeake City jail. I don't see any point in revealing his identity right now, so I'll just call him "Reggie." I called the jail and arranged an interview with Reggie set for last Saturday afternoon. The jail checked with Reggie, who then asked what the interview would be about. I mentioned Steven's name, and Reggie agreed to the interview.
Reggie initially was reluctant to talk to me (more on that later). Between the time I arranged the interview and the time I drove to Chesapeake to speak with him, his attorney had instructed him not to talk to me at all. I asked if he'd be more willing to talk if I didn't use his name. He responded that he's not worried about retaliation for being a snitch, he's worried about retaliation from the police.
Still, after a few minutes, he did begin to corroborate some of the things my source told me.
Reggie told me he knows Steven "from the streets." He confirmed that the two had been working as paid police informants for several months. The police would pay them to find stashes of drugs or evidence of burglaries. I asked Reggie if the police ever encouraged him to actually break into a home to look for information, as he had told my source. Reggie hesitated, then declined to say. "I don't want to get into any more trouble," he said.
I then mentioned my source, and asked if Reggie he had spoken with him. He said "yes." I asked if what he told my source was true. He again said "yes," but added that he was scared, and "that's not something I can get into right now. I just want to do my time and go home."
Because they were regularly working with the police, the two men seem to have started to think they were above the law. Last January, just a few days before the Ryan Frederick raid, Steven was arrested and charged with credit card fraud and grand larceny for some credit cards police say he stole last December.
Reggie told me Steven contacted him shortly after that arrest, and told him about the charges. He says Steven told him he had worked out a deal with the police where they'd help him with the credit card charges if he could bring back evidence that Ryan Frederick was growing marijuana.
Reggie says he and Steven then broke into Frederick's detached garage to obtain evidence against Frederick. Once again, I asked if the police knew about the break-in. Reggie again refused to answer, and again explained that he was afraid of possible retaliation from the police.
Reggie said he's personally never met Frederick, and that the break-in at Frederick's house all went through Steven. He said he saw television reports of the raid later that week, and immediately knew it was the same house he and Steven had broken into days earlier.
Reggie was arrested a few weeks later on February 12 on a burglary charge he says was trumped up.
Reggie has a long record. In May 2007 he pleaded guilty to burglary, grand larceny, and breaking and entering. He served six months of a three-year sentence on those charges, with the rest suspended. He was released in August. In 2006 he was charged with burglary and arson of an occupied dwelling. Those charges were nolle prossed, meaning the prosecutor could refile them within the statute of limitations if he wished.
But Reggie says the burglary charge on February 12 was concocted to keep him quiet about the Frederick raid. If what he told my source is true—that the police were encouraging informants to break into private residences to gather evidence—that's pretty damning. It would amount to actual criminal conduct by members of the Chesapeake Police Department.
Reggie explained to me last weekend that one reason he was reluctant to talk to me is that shortly after he spoke to my source earlier this year, the police added additional charges to rap sheet. He believes this too was retaliatory, and designed to keep him quiet. This, he said, is why he couldn't be as forthcoming with me. He was denied bail on February 14th, and has been in the city jail ever since.
A search of the Chesapeake General Court's public records presents a time-line that supports Reggie's story. He was arrested on February 12 on charges of burglary, grand larceny, and credit card larceny. He spoke to my source a few times over the next several weeks. On June 5, the police then added another grand larceny charge, and a charge of entering a house to commit assault and battery. At that point, Reggie stopped talking to my source.
We also know that the credit card charges for which Steven was arrested in January were dropped in April. They were then reinstated in May, and Steven was indicted. On May 19 a warrant was issued for his arrest. I was able to get in touch with a friend of Steven's, who made it rather clear that Steven isn't interested in talking to journalists right now.
So at the very least, here, we now have more confirmation that informants working for the police illegally broke into Ryan Frederick's home three days before the drug raid. At worst, they may have done so with the consent of the police, this may not have been the first time they've done so, and the police may be intimidating the two men to prevent them from talking about it.
Moreover, you also have the unfortunate scenario where two men who may be the most important witnesses in Ryan Frederick's trial are facing a slew of charges of their own, and basically at the mercy of the very police department their testimony could implicate.
Back in January, Chesapeake City Manager William Harrell hired an outside firm to conduct a top-to-bottom review of the city police department. So it seems clear that some officials in Chesapeake city government know there are problems. Given the circumstances of this case, though, and that a man's life may be on the line, these latest allegations merit an outside investigation of Chesapeake PD, if not by Virginia Attorney General Bob McConnell, then by U.S. Attorney Chuck Rosenberg.
MORE: I should have included in the original post that I attempted to contact Reggie's attorney for comment. She didn't return my call. The Chesapeake Police Department also had no comment. I have not yet tried to call Ryan Frederick's attorney, but plan to this morning. Thus far, he hasn't been all that interested in speaking to the media.
http://reason.com/blog/show/126939.html
Comment: Some perplexing overtones with this incident. Shades of Atlanta (Kathryn Johnston case)? Use of paid criminal informants, who are given a pass on their crimes in exchange for certain testimony, seems to be a common LE tactic in the "drug war" these days. Ends justify the means?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Report from Chesapeake: Possible Second Informant Emerges in Ryan Frederick Case
Radley Balko | June 13, 2008, 9:41am
Twenty-eight-year-old Ryan Frederick currently sits in a jail in Chesapeake, Viginia for killing Det. Jarrod Shivers during a drug raid on Frederick's home. He had no criminal record, and just a misdemeanor amount of marijuana in his home. He also says someone broke into his home three nights before the raid. He's being charged with capital murder and felony manufacture of marijuana.
The raid was conducted based solely on the word of a confidential informant. Police made no attempt to buy drugs from Frederick. A couple of weeks ago, local TV station WTKR identified the police informant in the case, a 20-year-old man named Steven who had several charges pending against him at the time of the raid, was dating the sister of Frederick's fiance, and had a standing grudge with Frederick. The station reported that Frederick and his friends and family believe Steven was the one who broke into Frederick's home the same week of the raid.
Last week I received a tip that there may have been a second man involved in the break-in at Ryan Frederick's house. My source has spoken to the man a few times over the last few months, and says the man has confirmed not only that he and Steven together broke into Frederick's house at the behest of the police, but that the two had been working as paid police informants for months—and had actually broken into several houses around Chesapeake, all with the blessing of Chesapeake police officers.
The second man is currently in the Chesapeake City jail. I don't see any point in revealing his identity right now, so I'll just call him "Reggie." I called the jail and arranged an interview with Reggie set for last Saturday afternoon. The jail checked with Reggie, who then asked what the interview would be about. I mentioned Steven's name, and Reggie agreed to the interview.
Reggie initially was reluctant to talk to me (more on that later). Between the time I arranged the interview and the time I drove to Chesapeake to speak with him, his attorney had instructed him not to talk to me at all. I asked if he'd be more willing to talk if I didn't use his name. He responded that he's not worried about retaliation for being a snitch, he's worried about retaliation from the police.
Still, after a few minutes, he did begin to corroborate some of the things my source told me.
Reggie told me he knows Steven "from the streets." He confirmed that the two had been working as paid police informants for several months. The police would pay them to find stashes of drugs or evidence of burglaries. I asked Reggie if the police ever encouraged him to actually break into a home to look for information, as he had told my source. Reggie hesitated, then declined to say. "I don't want to get into any more trouble," he said.
I then mentioned my source, and asked if Reggie he had spoken with him. He said "yes." I asked if what he told my source was true. He again said "yes," but added that he was scared, and "that's not something I can get into right now. I just want to do my time and go home."
Because they were regularly working with the police, the two men seem to have started to think they were above the law. Last January, just a few days before the Ryan Frederick raid, Steven was arrested and charged with credit card fraud and grand larceny for some credit cards police say he stole last December.
Reggie told me Steven contacted him shortly after that arrest, and told him about the charges. He says Steven told him he had worked out a deal with the police where they'd help him with the credit card charges if he could bring back evidence that Ryan Frederick was growing marijuana.
Reggie says he and Steven then broke into Frederick's detached garage to obtain evidence against Frederick. Once again, I asked if the police knew about the break-in. Reggie again refused to answer, and again explained that he was afraid of possible retaliation from the police.
Reggie said he's personally never met Frederick, and that the break-in at Frederick's house all went through Steven. He said he saw television reports of the raid later that week, and immediately knew it was the same house he and Steven had broken into days earlier.
Reggie was arrested a few weeks later on February 12 on a burglary charge he says was trumped up.
Reggie has a long record. In May 2007 he pleaded guilty to burglary, grand larceny, and breaking and entering. He served six months of a three-year sentence on those charges, with the rest suspended. He was released in August. In 2006 he was charged with burglary and arson of an occupied dwelling. Those charges were nolle prossed, meaning the prosecutor could refile them within the statute of limitations if he wished.
But Reggie says the burglary charge on February 12 was concocted to keep him quiet about the Frederick raid. If what he told my source is true—that the police were encouraging informants to break into private residences to gather evidence—that's pretty damning. It would amount to actual criminal conduct by members of the Chesapeake Police Department.
Reggie explained to me last weekend that one reason he was reluctant to talk to me is that shortly after he spoke to my source earlier this year, the police added additional charges to rap sheet. He believes this too was retaliatory, and designed to keep him quiet. This, he said, is why he couldn't be as forthcoming with me. He was denied bail on February 14th, and has been in the city jail ever since.
A search of the Chesapeake General Court's public records presents a time-line that supports Reggie's story. He was arrested on February 12 on charges of burglary, grand larceny, and credit card larceny. He spoke to my source a few times over the next several weeks. On June 5, the police then added another grand larceny charge, and a charge of entering a house to commit assault and battery. At that point, Reggie stopped talking to my source.
We also know that the credit card charges for which Steven was arrested in January were dropped in April. They were then reinstated in May, and Steven was indicted. On May 19 a warrant was issued for his arrest. I was able to get in touch with a friend of Steven's, who made it rather clear that Steven isn't interested in talking to journalists right now.
So at the very least, here, we now have more confirmation that informants working for the police illegally broke into Ryan Frederick's home three days before the drug raid. At worst, they may have done so with the consent of the police, this may not have been the first time they've done so, and the police may be intimidating the two men to prevent them from talking about it.
Moreover, you also have the unfortunate scenario where two men who may be the most important witnesses in Ryan Frederick's trial are facing a slew of charges of their own, and basically at the mercy of the very police department their testimony could implicate.
Back in January, Chesapeake City Manager William Harrell hired an outside firm to conduct a top-to-bottom review of the city police department. So it seems clear that some officials in Chesapeake city government know there are problems. Given the circumstances of this case, though, and that a man's life may be on the line, these latest allegations merit an outside investigation of Chesapeake PD, if not by Virginia Attorney General Bob McConnell, then by U.S. Attorney Chuck Rosenberg.
MORE: I should have included in the original post that I attempted to contact Reggie's attorney for comment. She didn't return my call. The Chesapeake Police Department also had no comment. I have not yet tried to call Ryan Frederick's attorney, but plan to this morning. Thus far, he hasn't been all that interested in speaking to the media.
http://reason.com/blog/show/126939.html
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Jermtheory
New member
im a little torn...
i definately see a place for no-knocks raids,but apparently alot of work needs to be done in assuring they're at the proper times and places.
this is not a good sign...
http://www.cato.org/raidmap/
they should be the exception,not the rule...and there certainly shouldnt be mistakes happening with this frequency.
its appalling.
i definately see a place for no-knocks raids,but apparently alot of work needs to be done in assuring they're at the proper times and places.
this is not a good sign...
http://www.cato.org/raidmap/
they should be the exception,not the rule...and there certainly shouldnt be mistakes happening with this frequency.
its appalling.
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Recently, there was a case up here in Laval, Quebec, where the police held a "drug raid", but the homeowner, claiming that he feared for his life and seeing no identification, grabbed a loaded GP-100 out of his closet and shot one police detective three times (killing him) and wounding another with a 4th shot. This whole thing went bad from the beginning for both sides; the warrant was ruled illegal, because it had almost nothing to back it up (they found less than a gram of coke and a little pot), the police held the raid before 6am, meaning it was illegal in itself, and the homeowner had 4 unregistered guns, including the loaded gun he used in the shooting (it's an offence to load a gun any place where you can't legally fire it up here). He's been acquitted on a charge of murder, but still faces other assorted charges on the guns and drugs.
http://www.nationalpost.com/news/canada/story.html?id=586091
http://www.nationalpost.com/news/canada/story.html?id=586091
No, he wasn't a victim, he erred. He could have asked who it was but instead used lethal force. He had options and picked the wrong one.
Just allow me to totally disagree here for several reasons.
Let's think about the subject of no-knock warrants and police raids in general. There have been far far too many that have resulted in tragedy for innocents.
[rant]
Why is it that this resident is facing capital murder charges, however a police officer who guns down an unarmed man rushing into the room is not charged or prosecuted for at least manslaughter? A mistake is a mistake. If mistaking a police officer for an intruder can get you prosecuted, then a police officer who mistakes an unarmed (an innocent) man for a lethal threat should also be prosecuted.
Supposing the warrant is predicated on valid, verified information (a crime really is being committed) and when officers arrive they enter the wrong domicile. Perhaps it's a duplex/triplex with no numbers on the doors. Maybe they target the house on the wrong side of the street. It does not matter - wrong house = illegal act by police.
Let's be realistic here. We all know that if we shoot thru a door or window and it turns out to be a nine year old kid playing hide & seek with friends outside, we will end up going to jail. We also know that if we hear glass breaking next door and rush out to see a stranger dart into the neighbor's garage, if we then shoot the shadowed figure with a gun in the garage and it turns out to be the neighbor, we had best be prepared to eat prison food.
For police, it's no different. At least one of the officers must be responsible for verifying the location matches the warrant and that they have the correct location to be raided. No excuses in a day where we have MCT's in patrol cars, computer graphics of every inch of the city, Google Earth over head views and even the ability to transmit images from a mobile computer back to HQ for verification. Simply no excuses. Failure to ensure officers are hitting the right location should mean prosecution of the officer-in-charge in the same manner as a citizen "neglecting" to identify his target was a child or wore a badge.
Now, in this case, it appears the P.C. for the warrant itself is suspicious. The information hinged on the word of a known criminal and lacked verification. No confirming observations, no other witnesses backing up the claim, no independent validation. Police lacked sufficient P.C. and may have misled, concealed the weakness of their information or lied to a judge to obtain the warrant.
In my view, if police act upon a warrant which is later found to be deficient or not valid, any officers who prepared, signed or presented the warrant for a judge's signature are like the guy who plans the robbery but doesn't actually participate. If someone is injured, he's just as guilty as if he'd been there. Such officers, when knowingly obtaining a warrant which is based on legally deficient information, should be prosecuted as if they, themselves, hired thugs to invade, injure or kill the residents.
Good police work is based on investigation, thorough preparation, verification and due dilligence. The integrity of the entire system starts with the officers involved.
If the information posted by hammer4nc is correct, the police officers in this case should be indicted and prosecuted for capital murder of their fallen comrade. You think that's over-reaching? I don't.
Anytime police employ a civilian (non-sworn citizen) to act in their place -- in this case to break into homes and describe what they see or find -- several things occur in the legal arena.
First, the citizens are considered agents of the police, which means they are thus bound by Constitutional limitations. Thus, the illegal entries into the homes of area residents - without a valid search warrant - are illegal acts. Such acts being initiated by police are the same as if the officer(s) performed the acts.
Second, all such "intelligence" or evidence gained is inadmissable in a court. It cannot be used for prosecution or even as "leads" for other cases (if this is the only way officers could get the information).
Third, illegal conduct in the pursuit of evidence is, itself, illegal. Officers open themselves up to charges of conspiracy (to violate civil rights, to commit felony crimes, abuse of authority and more) charges.
At this point, Mr. Fredrick, "Steven" and "Reggie" should be remanded to Federal custody and both a state and federal investigation into the department's actions begun. Certainly there should be a number of suspensions while the investigation is on-going.
I should point out that even if Mr. Fredrick was, in fact, growning marijuana in his home, the fact that the warrant is deficient should place the root cause of death for Detective Shivers not into Fredrick's hands, but in the hands of the officers obtaining the warrant. This would include any "command staff" or supervisory officers who approved taking the information to a judge for signature.
Our society is built on certain principles that require police to "go the extra mile" to prevent false accusations, prosecution and imprisonment of people innocent of the charges. If that makes their jobs tougher, more complex, more technical, then we expect the officers to meet those requirements first, before they take action against a citizen.
Nor is it permissible in our society to bend or break the rules simply because the subject is a known dirtbag with a prior record. We demand and expect the police will follow the rules they enforce. When they dont, they deserve to be prosecuted like any other citizen would be for similar crimes.
[/rant]
johnwilliamson062
Moderator
shouldn't we really be talking about no knock warrants?
Seems if you as a police officer want a no knock warrant you should be real sure you have the right place. If you are wrong you should eat it on anything that goes wrong.
Seems if you as a police officer want a no knock warrant you should be real sure you have the right place. If you are wrong you should eat it on anything that goes wrong.
There might be a place in the police toolbag for no-knock warrants, although I'm inclined to think that there is none at all since they did ok without them until recently, but the requirements to get one should be incredibly strict and the process for executing them even stricter. They should never be issued based on a single informant's word or an anonymous tip. They should only be issued after an investigation has taken place and they are certain that the residence in question has a substantial quantity of drugs. They should also include a procedure that makes the offers going to server the warrant triple check the address. The police serving it should also have to sign a document stating that they are so sure that they are serving a warrant at the right house that contains drugs that if they are ever wrong they agree to be castrated in public with a rusty knife from the bottom of a septic tank as punishment for violating an innocent person's civil rights and placing that person's life at risk through the officer's incompetence. This is one tactic where there is no room for mistakes.
theberettaman
New member
This is a useless excersize in futility.The Para-Military Police State is not going to back down from any proceedures they presently have.They currently are going back to the supreme court to get more power.
The facts seem to indicate that the cop shot was still outside, outside isn't your domain.
It isn't? The title deed says otherwise. So does the tax bill, and the No Trespassing sign. I maintain it. Whose domain is it?
The answer might enlighten me on my next question, which would be, why should I care who is out there, if they are breaking in to my house? The only answer I can think of is: because it might be police in their domain serving a no knock warrant.
Amen.JasrST4, It is obvious that this police technique has caused both officers and innocent people to die, needlessly. Do you feel that a few pounds of drugs are worth the life of even one innocent person? I personally feel all the cocaine in Columbia isnt worth the life of one single innocent man, woman or child. The technique is flawed. Why support it?
Al Qaeda may have killed some Americans, and they may kill more in the future, but the VAST majority of Americans will die from car accidents, disease, and other such mundane things. In any case, terrorists are NOT a threat to our freedom.
What's going to kill FREEDOM are three things:
(1) Power-hungry politicians who think human life, dignity, and freedom are less important than enforcing drug laws
(2) Paramilitary police thugs who love the adrenaline rush and ego trip that comes from playing tacticool commando
(3) A complacent population that doesn't care about (1) or (2)