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November 24, 2006
A No-Knock Death Warrant
The victim had burglar bars protecting her front door. When she heard the men breaking in, she opened fire with a pistol. The police, better armed, shot and killed the woman.
In justifying the officers' actions, Atlanta's Assistant Police Chief, Alan Dreher, said:
Johnston should have recognized the men as officers even though they were not wearing uniforms. He said all three wore bulletproof vests that had the word "Police" across the front and back. He said they shouted they were police as they burst through the door.
Ms. Johnston may have remembered the fate of these seven trusting men when she went down firing.
But even if she knew nothing about them, was the price paid worth it to our "War on Drugs"? To our Constitution?
In his opinion last term on no-knock warrants in Hudson v. Michigan, Justice Scalia said this in Part III.A: "One of those interests is the protection of human life and limb, because an unannounced entry may provoke violence in supposed self-defense by the surprised resident." That pejorative description of a constitutional interest would be comical if not for the fact that it reflects a dangerous authoritarian streak in this Court.
To further support their diminution of whatever's left of the Fourth Amendment, Justice Scalia for the Court writes about the availablity of a Bivens-type remedy in these circumstances. That won't do much good in cases like Ms. Johnston's.
The officers had a warrant authorizing a no-knock entry. End of Bivens suit -- especially in the 11th Circuit where Chief Judge Edmondson has made it his personal project to eviscerate all protection offered by Section 1983 and Bivens under the guise of qualified immunity.
I'm not knocking no-knock warrants. What I am complaining about is the Court's cavalier attitude -- in word and result -- to the Fourth Amendment. Case in point: the late Kathryn Johnston.
Posted by shertaugh at November 24, 2006 3:02 PM
Comments
Add to the list Alberta Spruill, Accelyne Williams, Ismael Mena and many more.
If you won't knock them, I will. No-knock was sold on the premise of saving hostages or other similar dire circumstances. But like most "well-intentioned" encroachments on the Constitution, it wasn't long before this practice was abused for the meanest of reasons - "The Drug War". I read here that possibly 40,000+ per year for drug-related crime.
Incredible and disgusting.
Posted by: WillR at November 24, 2006 11:31 PM
Eric,
Why NOT knock no-knock warrants? Their only raison d'etre is the War on Drugs. The War on Drugs is a total failure who's only significant result is the incarceration of a staggering number of African-Americans.
It is insane that people dressed like Ninjas can kick down the door of an old woman and - when she responds as she has every legal right to do -murder her with impunity.
Every no-knock warrant that issues is a disaster like this one, waiting to happen.
Barry
ELM: Barry, just FYI, it was my guest-blogger Shertaugh who posted this, not me. Thanks for the comment, in any event!
Posted by: Barry Winston at November 25, 2006 10:27 AM
"You explained to me I must admit,
But for the record you were talking shit,
Don't talk about no-knock being legislated
For the people you've always hated
In this hell hole you/we call home."
Long live GSH.
Posted by: john a at November 25, 2006 11:08 AM
Is it possible to make a slight format change to have the author of each post noted more conspiciously, perhaps in a larger type and at the top of the post? It would help limit mis-identification of authors.
Posted by: Matt at November 26, 2006 12:01 PM
Shertaugh,
I don't think "supposed self defense" is a "pejorative" description of what's going on. After all, it is NOT ACTUALLY self-defense, since that would require something to be defended against. Can you think of a better word for something that is not actually self defense? I can't.
Moreover, I don't think the reference to the St. Valentine's Day massacre really works, since in that case the hit men were dressed up as police officers, not undercover. After all, it wouldn't be right for the woman to start firing at persons who dressed up as policemen and knocked on the door, would it? Yet that is much more like what happened on St. Valentine's Day.
(BTW - none of this should be taken as a defense of no-knock raids, which I don't really have an opinion about, nor a defense of the specific raid in Atlanta.)
Posted by: A.S. at November 27, 2006 2:50 PM
Of course there will be a full investigation before the authorities absolve all of those involved from any hint of wrong-doing. The "buyer" will prove to be a legitimate source of information, and there will have been no information regarding this woman's reported frequent calls to the police to complain about drug trading in her area. It will be regrettable but the price that we pay to have streets that are safe and free from drugs. We do have that, don't we?
Posted by: Mark at November 27, 2006 3:18 PM
Can you think of a better word for something that is not actually self defense?
Perhaps "presumed". Although one of the definitions of "supposed" is "mistakenly believed", the more common definition is definitely perjorative.
Posted by: Mojo at November 28, 2006 1:23 AM
Just a comment about the "police" emblazoned on the vests of the police. In times of high stress (like during a forced entry) people physically lose the ability to do higher order cognitive tasks like reading. This is very well documented, and has mostly been used in defense of wrongful death suits brought against police (ironic, I know).
Posted by: nordsieck at December 12, 2006 9:53 PM
I wouldn't sit here and put down no-knock warrants. They are a crucial part of not only the "War on Drugs" but also about the things you never hear of like armed felons who have committed numerous aggravated crimes against kids. I'm sorry for what happened to that woman in Atl. and yes she had all rights to protect her home but shouldn't she have done the 1st rule of gun safety and identify her target before shooting? We hate when the police shoot first and ask questions 2nd...what gives us the right to do so. It's my opinion that everyone was at fault on this one. The police fabricated stories and evidence to obtain the warrant but Mrs. Johnston fired a weapon at police not knowing the cituation and no one can sit here and tell me that if someone just start shooting at them that they would not return fire. I know I would.
Posted by: Jamie at May 7, 2007 11:14 AM
On Nov. 21 of last year, Atlanta police planted marijuana on Fabian Sheats, a "suspected street dealer." They told Sheats they would let him go if he "gave them something." Sheats obligingly lied that he had spotted a kilogram of cocaine nearby, giving them the address of the elderly spinster Miss Kathryn Johnston, who neither used nor dealt drugs, but who did live in fear of break-ins in her crime-infested neighborhood.
Police then lied to a judge, claiming they had actually purchased drugs at the Johnston house. They acquired one of those once-rare "no-knock" warrants, and violently battered down the reinforced metal door of a private home where there were no drugs.
Miss Johnston fired a single warning shot at the unknown people busting down her door. That bullet lodged in the roof of her porch, injuring no one. Police replied by firing 39 rounds at her, hitting her six times, and wounding each other with another five rounds -- though they lied and said they had been shot by Miss Johnston.
They then handcuffed the old woman as she bled to death on the floor and searched her house. Finding no drugs, they planted three bags of marijuana.
The Atlanta DA charged all three officers with murder and burglary.
On April 26, 2007, two of the three pleaded guilty to manslaughter, violation of oath, criminal solicitation, and making false statements. One officer additionally pleaded guilty to perjury.
The third officer is still facing charges.
Furthermore, the federal probe into the police department revealed that Atlanta police routinely lied to obtain search warrants, including often falsifying affidavits, and that an atmosphere of "corruption, brutality, and criminality" existed within the entire department. The whole narcotics division was fired, and replaced.
Posted by: fallout11 at June 13, 2007 3:43 PM