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SWAT team raids by… US Department of Education.

No. Seriously.

[UPDATE: Folks, it looks like they just updated the story and changed the URL.  Here you go with the new one.]

Apparently, there was this woman who had skipped out on her student loans, so the feds sent a SWAT team to her house to deliver a search warrant.  That is to say, the SWAT team stormed the house, broke down the door, handcuffed her husband, and stuck around for six hours until it finally was successfully pointed out that not only was the woman not there; she had in point of fact skipped out on her family, too. [UPDATE: The government is now claiming that the Education/SWAT raid wasn't due to student loan defaults; which doesn't actually resolve any of the questions below.]

Now, you’re probably asking yourself the following questions:

  • Since when did the Department of Education get to do what sounds awfully like no-knock raids? Answer: I’m not sure.  Perhaps this question should be presented to Secretary of Education Arne Duncan (Democrat), who is of course appointed by President Barack Obama (Democrat).
  • Since when does a search warrant for student loan defaults [UPDATE: or fraud, really] permit the same tactics that one would use to secure a crystal meth lab that has a sideline in illegal automatic weapons? Answer: there is no way that I can match the righteously outraged fury of Reason.com on this one, and I will not even try.
  • Wasn’t there some kind of student loan relief program signed into law?  Answer: HAHAHA!  No.  The closest thing to that is that students in the future who paid their loans all along will get forgiven the balance five years early – which means, in twenty years instead of twenty-five.  Yup, I know that the President promised otherwise.  The President makes a lot of promises that he doesn’t keep.  He lies a lot, too*.
  • Should I be paying off my student loans, then?  Answer: YES.  Or else the SWAT teams may come for you.  And, presumably, shoot you if you freak out about it.

Moe Lane (crosspost)

*Hey, I didn’t vote for him.

COMMENTS

  • gekster

    What is the cost of the swat team compared to sending a deputy to find out she wasn’t there.
    Waco started over one check kiter.
    What can we expect next from these morons.

  • earlgrey

    nt.

  • http://www.FranBaker.com frankieb

    They honestly thought their loans would be forgiven. Guess I’ll send them a link to this article. LOL

  • powertothepeople

    Last time I checked, debt alone is not a reason for a search or incarceration. Regardless of this woman’s personal life, if all she did was default on some loans, hope she and especially her husband sue the hell out of these idiots.

    If she committed some kind of fraud, still hope her husband sues the hell out of these idiots for causing him and his children harm. Even if fraud was involved, police have to make sure the person they are looking for is at the home. Just because they have some previous address does not give them the right to bust in. What if the person moved as is in this case. Poor smuk who is now in the home may fire and get killed all over poor police work.

  • earlgrey

    My husband has a fortune in student loans, and i never thought for a second that we would get out of paying them. Of course, I wouldn’t have cast my vote for the O even if I was 100% sure his loans would be forgiven. I am a pretty rabid conservative.

  • Jim Tomasik

    was the total denial at the end of the video. I guess the guy tore up his own door and is lying about being handcuffed and kept in the car for 6 hours. They say he was never handcuffed or held against his will.

  • http://moelane.com/ Moe Lane

    …saying that they didn’t kick in the door or handcuff the guy. Because the Stockton cops don’t want any part of this particular rain of excrement.

  • Charles Cianfrocca

    It is no longer there. Anyone got the original article?

  • Bill S

    All of Moe’s links are live from my laptop.

  • http://moelane.com/ Moe Lane

    …a browser issue: I just checked the link and it works, but other people have had issues.

    http://www.news10.net/news/article/141072/2/Dept-of-Education-breaks-down-Stockton-mans-door

  • patryott

    more than half of the admin, staff, and czars have defaulted on their student loans, including the pres and first lady, I want SWAT to start with them. This wasn’t shoddy police work, it was a calculated attack on a political enemy by a foreign agent occupying the office of the presidency, YOU may be next.

    Are You Pat-Ryott.com

  • http://www.nighttwister.com NightTwister

    The Obama Administration has decided they just aren’t going to tolerate those.

  • http://slcliberty.blogivists.com randy streu

    I don’t think it IS a browser issue. When I first checked this story this morning, the page was there. Now it’s not.

  • gekster

    I read it from drudge this morning, and now it says page not found, and goes to the news 10 home page.
    When I go to local news, it is not listed.
    Internet regulation anyone?

  • Jim Tomasik

    nt

  • http://slcliberty.blogivists.com randy streu

    but I’m unable to get to the story at the original link.

  • Finrod

    Or defund it, whichever.

  • gekster

    Dept-of-Education-breaks-down-Stockton-mans-door

    I went to at least 5 different sites, and they all were scrubbed.

    I finally found some of it here. The link to the news gives “page not found”.

    http://www.jimtraber.net/forum/forum_posts.asp?TID=70121&PID=1428723

    I don’t know how long it will last, but I got a copy of the article if any one desires.

  • Finrod

    That url now 404s for me. Maybe the Department of Education got to news10.net, heh.

  • http://slcliberty.blogivists.com randy streu

    pretty much links you to news blogs. Fox has it, as does (strangely enough) AlterNet and some others.

  • rightwingmom52

  • gekster

    from:
    http://en.wikipedia.org/wiki/Unreasonable_search_and_seizure#Searches_and_seizures_without_warrants

    the 4th amendment:
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    I would like to know the name of the judge who signed off on this.
    I would to send them a letter.

  • http://theminorityreportblog.com Repair_Man_Jack

    if (or when) a SWAT Team on a DofEd warrant, shoots and kills a high school drop-out in a case of mistaken identity.

  • aesthete

    than the typical inanity that expanded use of no-knock warrants has brought us. It would be nice to see no-knocks used for the purposes that they were originally intended for, rather than for the enforcement every law under heaven.

  • acat

    the closer we get to being the country the colonists ran away from!

    (at least they had the reading of the riot act)

    Mew

  • ja_ak

    It seems that the Department of (Re)Education’s SWAT team would be an ideal place to start.

    DOE SWAT team. Since when did The Onion become reality? Can this really be true? How in the hell do they get away with this?????

  • aesthete

    Unless there was substantive proof there that the suspect was dangerous and that violence was already present, what reason was there to introduce violence into the situation, potentially putting the homeowner, his children and the police at risk (and certainly putting all of them in harms’ way)?

    This is the problem with the increased use of no-knocks in cases where non-violent crimes are suspected and in other cases where danger to the officer serving the warrant is not imminent: it introduces violence into a situation where there was previously none, and forces the suspected (and likely innocent) homeowner to react to said violence.

    This situation ended “well”; that is to say, without physical harm to any of those involved. But what if the homeowner had been armed and intent on defending his household? As he himself said, he didn’t know who these people were. What if the cops had gone trigger happy? It happened no less than a month ago here in Tucson to a Marine vet who was defending his house and family (including a 5-year old son) from SWAT members who dropped in unannounced and riddled his corpse with 70ish bullets. What if the homeowner had fired on one of the cops? That would have been a somewhat less terrible outcome than the homeowner’s death, given that the cop had signed up with the knowledge that he might die in the line of duty. Nonetheless, it would have also been an unnecessary death that could have been easily prevented by having an officer knock on the door and serve a warrant.

    In short, I see no reason for which to have a no-knock warrant served with extreme prejudice in this manner: it goes against rule of law, our traditional protections from agents of the state transgressing on our property and even just plain common sense.

  • Charles Cianfrocca

    They get away with it because in a sane world, there would be 1 million people outside the WH as soon as they could get there calling for the head of whoever signed the warrant, or the president, whichever the people inside prefer, but make it fast because tomorrow it becomes both.

    They get away with it because we don’t show them that they’ve really stepped in it this time. And it will get worse until we do.

    Sorry, but that’s the correct answer to your question.

  • http://slcliberty.blogivists.com randy streu

    of the warrant? I’m very curious to know exactly what the justification is for the warrant itself — which, unless I’m mistaken, ought to be detailed on the document (lawyers… am I wrong on this?).

    Further question — is there a way to LOOK UP a search warrant, or are they sealed for the duration of the investigation?

    Call it a curiosity.

  • runner12

    This is an outrage. This poor man was probably scared half to death. He needs to get a lawyer and sue the federal agents and the Dept. Of Ed. for this one.

  • runner12

    I was going go say that your video worked in the comment title.

  • http://moelane.com/ Moe Lane

    What’s the literacy rate for that Cabinet department?

  • aesthete

    by the legal parties involved, and I have seen them (or at least summaries of them) released by PDs when controversy is afoot (such as in the shameful case of the recent Tucson shooting of a Marine combat vet). I would also like to see helmet-cam footage of the raid, if it is available. It should at the very least dispel idiotic conjecture that the homeowner, with his Hulk-like strength and aggressiveness, broke through his own door.

  • aesthete

    judging by their “successes” at imparting said knowledge to the pupils under their care.

    In Russian and German? Sehr gut, mein guter Mann.

  • glaucon

    Another couple of countries also come to mind. A Department of Education with a SWAT wing? It can hardly get more Police State than that. Will they raid houses and take away children who don’t do their homework next?

  • glaucon

    Jimmy Carter created the Department of Education, and Ronald Reagan promised to cut it. Education can and should be done at the State and Local level. There is no need for a Federal, centrally controlled Department of Education (or re-education?), with it’s own military-style troops (SWAT).

  • powertothepeople

    Aesthete. Never stated there was a good reason for the raid, simply stated that debt alone is no reason for any type of search. And I stated that she should sue, but more importantly, her husband should sue. I also stated that the police have an obligation to make sure they know the person still lives at the address they have, not just assume so and bust in.

  • Jim Tomasik

    going up on the News10 site shortly.

    Apparently, the search warrant did not say what the search was about.

  • glaucon

    We need to demand some accountability over this blatant and flagrant abuse of power, violation of the Constitution, and waste of taxpayer money.

  • aesthete

    Let the record show that aesthete’s rant, while righteous and awe-inspiring in its indignation, was directed towards the wrong party.

    BTW, the warrant was for embezzlement of FAFSA funds, which doesn’t really change anything for me.

  • http://slcliberty.blogivists.com randy streu

    suggests that a warrant MUST at least detail the kinds of items for which the police may search. So, if they’re looking for evidence of fraud or abuse, they warrant should specify that THAT’s what they’re looking for.

    Yes? No?

    At this juncture, yes, it’s pretty much beside the main point of the completely unnecessary force used, the alleged false imprisonment and, frankly (if the homeowner’s story is accurate) assault.

    That said, we have the just as important issue of authority, which should also be considered.

  • gekster

    didn’t cross my mind, but you are right.
    DoE, literacy rate, oxymorons?

  • Tbone
  • Tbone
  • steve010

    operandi of the fed agencies that need locals to help them with enforcing their stupid actions. They get the locals to do the dirty work and when the crap hits the fan, the federal agency blames the locals.

    this happened at a Border Patrol checkpoint in AZ when an activist asserted his constitutional rights. It happens at checkpoints in the airports. Locals and state police should tell the fed agencies to go take a hike.

  • acat
  • Jim Tomasik

    the intruders probably told him it was about the school loans when it was all happening but it was about something else. It is still no excuse for what they did. If the warrant does not say what it was all about, that may explain why the news station had to end up with a third version of events in lest than a day and a half.

    The gent is consulting a lawyer now so he probably will be told to stay quite about it.

  • http://slcliberty.blogivists.com randy streu

    then they entered under false pretenses, which I’m pretty sure is a violation of the warrant.

    I HOPE he’s consulting a lawyer, and frankly I hope the lawyer smells blood.

  • BillM

    http://www.slate.com/id/2296453/

    Not exactly apples to apples, but worth a read. Expanded power/less liability for government of all types (inc. law enforcement) and at all levels has all sorts of unintended consequences. There is a <1% chance for Mr Wright to recover the cost of his door, IMO.

    And what sort of Keystone Kops needed SIX FREAKING HOURS to search the house? For a deadbeat mother of three with no apparent history of crime, violent or otherwise?

    It also goes without saying that not abolishing the Departments of non-Education and ultraexpensive-Energy goes on President Reagan’s Mount Rushmore of mistakes, right next to Justice O’Connor, Justice Kennedy & amnesty, but that’s a topic for another day.

  • http://www4.webng.com/rickbull/lostlucky/ rickbull

    his lips are moving.

  • http://www4.webng.com/rickbull/lostlucky/ rickbull

    You weren’t ranting at powertothepeople, you were just on a rant–and it was a darn good one!

  • http://www4.webng.com/rickbull/lostlucky/ rickbull

  • Finrod

    .

  • aesthete

    He’s fluent in at least one of those two.

  • Jim Tomasik

    I talked to the lawyer for a little while last night. He has rightfully put a muzzle on his client. He told me he has argued 4th Amendment cases before the Supreme Court in the past. (At least one…)

    After listening to what the lawyer had to say and thinking further on it later and if what he says is right, I’m not sure the 4th Amendment currently means a damn thing.

  • http://slcliberty.blogivists.com randy streu

    or is this a wait and see kinda thing?

  • Jim Tomasik

    He suggested that he and I talk some more tonight.

  • steve010

    , I think that they should look at a little history. Debtors’ prison was abolished by the VA House of Burgesses in 1622. Maybe the feds could just bring back the stocks and the pillories and put the debtors in the public squares for the public to throw rotten vegetables at.

    Swat raids are too dangerous. Innocent people and children can get killed.

  • Jim Tomasik

    He is going to be on our radio show tomorrow. Do you have any specific questions you want me to ask him?

  • http://slcliberty.blogivists.com randy streu

    I’d like to know what the warrant was for, whether there were specifics listed in the warrant…

    mostly, are they ONLY looking to recover the damages to the door, or are they actually going to go after them for the false imprisonment and unnecessary force?

  • Jim Tomasik

    Meanwhile, check what I just found:

    http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=04-1414

    Partial quote from that link:

    UNITED STATES, PETITIONER v. JEFFREY GRUBBS

    on writ of certiorari to the united states court of
    appeals for the ninth circuit

    [March 21, 2006]

    “Justice Scalia delivered the opinion of the Court….”

    “….Second, respondent argues that listing the triggering condition in the warrant is necessary to ” ‘assur[e] the individual whose property is searched or seized of the lawful authority of the executing officer, his need to search, and the limits of his power to search.’ ” Id., at 19 (quoting United States v. Chadwick, 433 U. S. 1, 9 (1977)). The Ninth Circuit went even further, asserting that if the property owner were not informed of the triggering condition, he “would ‘stand [no] real chance of policing the officers’ conduct.’ ” 377 F. 3d, at 1079 (quoting Ramirez v. Butte-Silver Bow County, 298 F. 3d 1022, 1027 (CA9 2002)). This argument assumes that the executing officer must present the property owner with a copy of the warrant before conducting his search. See 377 F. 3d, at 1079, n. 9. In fact, however, neither the Fourth Amendment nor Rule 41 of the Federal Rules of Criminal Procedure imposes such a requirement. See Groh v. Ramirez, 540 U. S. 551, 562, n. 5 (2004). “The absence of a constitutional requirement that the warrant be exhibited at the outset of the search, or indeed until the search has ended, is … evidence that the requirement of particular description does not protect an interest in monitoring searches.” United States v. Stefonek, 179 F. 3d 1030, 1034 (CA7 1999) (citations omitted). The Constitution protects property owners not by giving them license to engage the police in a debate over the basis for the warrant, but by interposing, ex ante, the “deliberate, impartial judgment of a judicial officer . . . between the citizen and the police.” Wong Sun v. United States, 371 U. S. 471, 481-482 (1963), and by providing, ex post, a right to suppress evidence improperly obtained and a cause of action for damages. …”

  • gekster

    can ya break it down to english.
    Thje Readers Digest@ version.

  • Jim Tomasik

    (I’m not a lawyer but) this lawyer is telling me SCOTUS says the law officers don’t actually have to serve a defined search warrant they have before executing it.

    I would think this lawyer would know what he is talking about because he is the lawyer who argued it before SCOTUS back in 2006 and lost the decision.

  • gekster

    That’s what it looked like to me.
    I don’t speak legalese, so I don’t see the inherent tricks in the law speak.
    Like most people, I get my law interpretation off tv.
    They always manage to show an officer shoving a warrent in the home owners face before they start.
    In the fact that a girls name was on the warrent,
    and he obviously was not, why the dragging him out and handcuffing him.
    Why 15? swat members for someone who didn’t pay a bill to the Government.
    As far as I know, this woman doesn’t have any past offences.