Brickbat: She Was Shocked

A search for a man who violated his probation ended with sheriff's deputies Tasering a 70-year-old woman in Manatee County, Florida. Tevin Turner listed his grandmother's address as his own on probation forms. But when officers arrived to arrest him, the grandmother, Barbara Pinkney, insisted he didn't live there and refused to allow them in. When she tried to shut the door on them, they used the Taser on her, took her to the ground and arrested her for obstruction and resisting an officer.

Comments

[BigT]

Down goes Granny! Down goes Granny!

I think two blue pigs gotta go down. Criminal assault and battery. Is that 5 to 10?

[Freddy the Jerk]

Did you not notice they're the King's men? So "going down" will consist of a paid 2-week suspension and some mandatory retraining.

[Fist of Etiquette]

So I can list whatever address I want on a probation form and get an innocent third party arrested when I'm not there? Sweet.

[Rat on a train (non donor)]

1313 S Harbor Blvd
Anaheim CA 92802

[Old Man Waterfall]

All those annual pass holders need a good tasing.

[Atlas Slugged]

My ears are burning...

[D-Pizzle]

1060 W. Addison St.
Chicago, Il 60613

[Unicorn Abattoir]

+1 Jake and Elwood

[loveconstitution1789]

What is Hillary Clinton's address?

[Longtobefree]

I thought he said innocent party - - - - - - -

[loveconstitution1789]

Didn't you hear? The MSM is preempting US Attorney John Huber's investigation of the Clinton Foundation and the MSM say that she is INNOCENT.

[Unicorn Abattoir]

1600 Pennsylvania Avenue, Washington DC. But there's some squatter living there and she's been locked out!

[Conchfritters]

1060 West Addison, Chicago

[James Smith]

True story. I came home from work one day to find half a dozen cop cars parked in my driveway and front lawn. We had just had gotten VOIP phone service which came with a new phone number. Turns out the Phone number was recycled from some POS that had a few run ins with the cops previously and had provided that number when he'd been last released, along with his girlfriend's address that was no where near my address. After his most recent release he beat up his girlfriend and she filed for an order of protection. Cops went to the girlfriend's address to serve and found he wasn't there. So they must have then reverse looked up the address related to the phone # and came to my house. Not noticing that the number had been reassigned. Luckily my wife, who is a lawyer, was outside working in the yard when they showed up. We figured this all out with a quick search on Lexis after they left. My wife then went to our town courthouse and raised holy hell the next day. They wouldn't admit they reverse looked up the number because it is not an even remotely legal way to determine an address to serve an order of protection. I was lucky I wasn't the one home working in the yard, as I wouldn't have had ID on me doing yard work. Needless to say, we canceled our VOIP line that night. I wasn't taking the chance that any other number they assigned to us wasn't formerly used by a felon.

[Gray_Jay]

"They wouldn’t admit they reverse looked up the number because it is not an even remotely legal way to determine an address to serve an order of protection."

But it is a very lazy way. And lazy is usually the way cops will go.

I'm glad it turned out all right for you. Must have been scary.

[macsnafu]

The new version of SWATting!

[loveconstitution1789]

Never open the door, if its the police.

Just ask if they have a warrant, otherwise tell them to fuck off.

I smell a lawsuit as sheriffs deputies cannot enter property uninvited without a warrant even if they want to search for someone who supposedly lives there. Cops just dont like to do their jobs and look for people or park and wait for the person of interest.

[Longtobefree]

At least no dogs were shot.
It looks like Florida should change the building codes to mandate grenade netting at all windows, and steel doors with multiple drop bars. Add an intercom, and all will be well.
Oh, wait. The feds still give away tanks, don't they.
Maybe add a moat and tank traps.

[Idaho Bob]

Cops continue to blame the woman...

"MCSO has not responded to the video, only to tell 8 On Your Side what they say happened that Thursday morning.

Her grandson Tevin Turner has not been caught. Pinkney said he was never there, while MCSO said he may have gotten away from the rear of the house during all the chaos."

[Cyto]

Soooooooo...... You incompetently tackled a 70 year old woman instead of securing the scene and waiting for backup?

[Conchfritters]

They didn’t secure the back door?

[Jerryskids]

Don't want to be tasered like a thug, don't be opening the door when the thugs come a-knocking.

[darkflame]

If you follow the link, the officers did have a warrant, and the wife of the guy they were looking for was there (she shot a video of the whole thing). I could see this from the cop's point of view as well since people do this sort of thing.

[Bubba Jones]

So, this is a bad example.

Cops had a warrant for a valid address on the right person.

If Granny is going to obstruct the apprehension of a convicted criminal, she's going to get tazed.

I'm not sure how else we expect this to work out.

[darkflame]

Also, the guy was on parole for a weapons charge, which might be why they weren't messing around.

I'm the last person to cheer on cops abusing their position, but cops do need some level of power to enforce the law, and these guys in particular don't seem to have overstepped their bounds.

[Rossami]

You need to up your reading skills, darkflame. (You too, Bubba.) The article says the police had an arrest warrant, not a search warrant. An arrest warrant allows the police to arrest the person named. The arrest warrant will show the person's address but only as a confirmation of his/her identity. It does not inherently confer any right to enter or search that property for the person.

By the way, the person's wife being there is utterly irrelevant. They already knew family lived at the address.

[darkflame]

good catch, guess I need to get my eyes checked. Then yes, they overstepped their bounds and shouldn't have forced their way in.

[Gray_Jay]

What if the arrest warrant is for a felony? May the police forcibly enter the home, if it's the last known residence of the fugitive felon? I genuinely don't know.

As for securing the rear of the structure before trying to enter, that's likely going to require trespassing onto the rear of the property, which is something police are trying to avoid after things like the Fort Worth homeowner shooting.

Did Granny catch a harboring charge for her trouble? Or just hindering apprehension/obstruction etc...

[Rossami]

re: "May the police forcibly enter the home, if it’s the last known residence of the fugitive felon?"

No with some exceptions. Mostly, the exception they would need would be positive evidence that the fugitive is actually in the home at that exact time. For example, if they are chasing the fugitive and he runs into the home or if they walk up to the door and the fugitive is the person who answers.

That said, an arrest warrant plus a last known address (and some details confirming the reasonableness of the suspicion that the fugitive will actually be there) would be plenty sufficient to get a search warrant for that location. But the search warrant would be limited in time and scope. The arrest warrant can't do it itself because arrest warrants can stay open for years (until the fugitive is actually arrested) - far more than would be appropriate to infringe on the privacy rights of the grandmother.

[Gray_Jay]

Hot pursuit of a fleeing felon, or exigent circumstances, are different situations than actually having an arrest warrant.

I suspect that, like a lot of criminal procedure, this is going to vary state by state. I'm not a lawyer, and I certainly don't know Florida law. I do know that misdemeanors in Texas don't allow the cops to make entry into a residence to arrest the suspect, absent permission of someone with authority to allow entry. I didn't know---and don't have the time to look up---what the law was for felons.

Your interpretation makes sense. Surround the house, get the magistrate who normally approves DUI blood draws, and get them to approve a search warrant for the fugitive and whatever evidence the fugitive may have for whatever other crime they like him for. But absent a search warrant, a mere capias or other arrest warrant for a felon wouldn't be enough to force entry.

Usually, that evidence is something small, and easy to hide...

IIRC, where it can really get interesting in when bail enforcement gets involved, and the fugitive has already contractually agreed that bail enforcement agents can enter wherever s/he's hiding.

[TrickyVic (old school)]

An arrest warrant doesn't allow them to enter the property?

[D-Pizzle]

"Tevin Turner" reminds me of "Teve Torbes."

[crufus]

Why didn't the cops follow the normal procedure of having the SWAT team surround the property and fire 10,000 rounds into the house as a warning?

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