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Why Did Dallas Police Search a Man's Home for 'Narcotics' After One of Their Own Killed Him?

Many unanswered questions surround this case.

Botham Shem Jean/FacebookBotham Shem Jean/FacebookYet more questions have emerged about the death of Botham Jean, a Dallas man shot in his own home by an off-duty police officer.

Dallas Police Officer Amber Guyger, who lived in the apartment directly below Jean's, says she mistook his residence for her own. According to an arrest affidavit for Guyger, she returned from a shift Thursday night and attempted to enter Jean's apartment using her "unique door key." Since the door was already ajar, it "fully opened under the force of the key insertion," the affidavit says. She then claims to have encountered Jean, believed him to be a burglar, and shot him twice after he ignored her "verbal commands." Jean was later declared dead at a nearby hospital.

Now KXAS reports that the day after the shooting, a Dallas Police Department investigator obtained a warrant to search Jean's apartment. The warrant, signed by 292nd District Court Judge Brandon Birmingham, says the police intended to look for "any contraband, such as narcotics," that could "constitute[e] evidence of a criminal offense."

The warrant seems to suggest police had reason to believe some sort of illegal substance was present at Jean's residence. When asked whether such probable cause existed, a Dallas police spokesperson referred Reason to the Texas Rangers, who took over the investigation soon after the shooting. A Texas Rangers spokesperson, in turn, referred Reason to the Dallas County District Attorney's Office.

A spokesperson for the district attorney said the search warrant was "fairly standard" for such a high-profile case, but added that "no specifics about the case will be released at this time to maintain the integrity of the case."

So it remains unclear why the warrant referenced narcotics. According to Houston-based criminal defense attorney Mark Bennett, there doesn't appear to be any legitimate legal reason for police to include that language. But there could be a practical one. "They want to smear the guy," he speculates. "He no longer has reason to complain about the search of his place, because he's dead," he adds.

On the other hand, Clark Neily, the Cato Institute's vice president for criminal justice, says it's "not at all uncommon...to have a standard, boilerplate search warrant." He adds that search warrants will often refer to what police "expect to find based on the particular incident," as well as "a bunch of other stuff...on the off chance that they happen to find something that might be useful to them." In this case, Neily notes, it makes sense police would expect to find shell casings or blood at the scene of the shooting. And the warrant refers to those too.

Why were they allowed to search Jean's residence for narcotics as well? Neily says it has to do with "varying levels of oversight from judges." In this case, "it seems pretty clear that this judge didn't have any problem with the absence of corroborating...facts that you would expect to see in a search warrant."

Andrew Fleischman, a criminal defense lawyer in Atlanta, thinks it's "unusual" that police obtained a search warrant in the first place. "It's fairly rare to see search warrants...for the place where the crime occurs, because the defendant normally doesn't have standing," he says. He also says it's strange that the warrant relied so heavily on Guyger's account of how things transpired. "It was written as though what she was saying was the truth," Fleischman says.

Guyger's account in the search warrant seems to differ from her story in the arrest affidavit. According to the warrant, Jean "confronted" Guyger "at the door" while she was trying to get into the apartment. The arrest affidavit, though, says Guyger was able to open the door and then saw Jean "across the room."

According to Neily, something is off. "This looks to me like a witness trying desperately to conform her story to extrinsic facts as they come to light," he says.

Bennett put it bluntly: "This is about as bad as a police shooting gets."

Photo Credit: Botham Shem Jean/Facebook

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  • Fist of Etiquette||

    Same reason that ER nurse was arrested for refusing absent a warrant to draw blood from a police chase victim?

  • Crusty Juggler||

    She was black?

  • Shirley Knott||

    IIRC the nurse was white.
    Probably why she didn't get shot.

  • MatthewSlyfield||

    The Minneapolis Police Department searched the home of Justine Damond for drugs, after she was shot by an officer.

    Justine Damond was a white Austrailian-American woman.

    She was shot by an officer in the front passenger seat of a squad care that was responding to a 911 call made by Justine Damond to report the possible assault of a woman in an alley behind her house. He shot her through the closed drivers side door as she was talking to his partner who was sitting in the driver's seat of the squad car.

  • perlchpr||

    Nah. They were just hoping to find something to get the stupid wrong-floor bitch off the hook.

  • Fist of Etiquette||

    They arrested the ER nurse because they were desperate for something to mitigate the fact that their police chase caused injury to an innocent bystander. If they could suggest he wasn't so innocent, then somehow that gets them off the hook.

  • Malvolio||

    Actually, the "innocent bystander" was also a cop. They were looking to exonerate him.

  • TheJohnnyAppleseedOfCrack||

    Exonerate him of what? He was never accused of anything. It is also unlikely that they knew he was a reserve officer when they tried to draw his blood. Do you have any information pointing otherwise?

  • Crusty Juggler||

    He also says it's strange that the warrant relied so heavily on Guyger's account of how things transpired. "It was written as though what she was saying was the truth," Fleischman says.

    Shocking.

  • Cynical Asshole||

    Yeah, I'm not sure why he would find that strange. Must not have much experience dealing with cops' testimony in court. Either that or he was being sarcastic.

  • Hugh Akston||

    Why Did Dallas Police Search a Man's Home for 'Narcotics' After One of Their Own Killed Him?

    The same reason that SLC cop wanted to draw blood from the trucker they injured during a high-speed chase: drugs are a get out of trouble free card for cops who kill people.

  • Diane Reynolds (Paul.)||

    I thought being a cop was a get-out-of-trouble free card.

  • Hugh Akston||

    Oh it is, but they gotta fill out the paperwork at least.

  • Jimbo||

    Normally, yes. But since the truck driver victim was a police volunteer in a neighboring city/county, the get out of jail card was voided.

  • Fist of Etiquette||

    ...she returned from a shift Thursday night and attempted to enter Jean's apartment using her "unique door key."

    Good to know Dallas police aren't issued skeleton keys, at least.

  • Scarecrow Repair & Chippering||

    It doesn't say that. It in fact implies the opposite, that she did not use her department-issued skeleton key, because otherwise why would they have made such a big deal out of it?

  • Malvolio||

    Uh, because skeleton keys aren't a thing, and haven't been for 100 years.

    You can make a set of locks for which a skeleton key functions as a master key, but nobody would do so for an apartment complex. The complex might have had a (more sophisticated) master key, but probably not.

  • Agammamon||

    but nobody would do so for an apartment complex.

    Ohohohoho! You poor, naive man. Your complex manager almost definitely has a master key (or a set of them) for all the doors in the complex. 50/50 whether or not the maintenance man does also.

  • Uncle Jay||

    Q: Why Did Dallas Police Search a Man's Home for 'Narcotics' After One of Their Own Killed Him?

    A: Because they think they can get away with it.

  • Crusty Juggler||

    Because they think know they can get away it.

  • ||

    Other people posited disgruntled neighbor and romance spurned theories. For no particular reason, 'drug deal gone bad' seemed reasonable to me even before they searched for narcotics.

    Being clear, not that I think drug dealers need shooting but that, I'm dead certain cops do drugs and buy them from people and are generally certain that they could murder their dealer and get away with it.

  • MatthewSlyfield||

    And here I thought cops who do drugs mostly steal them from the evidence locker.

  • DesigNate||

    Right?!

    Why go through all that trouble and spend all that money when it's just waiting for you in the precinct and free?

  • Tall Tom||

    The drugs never make it to the evidence room.

    They nail a street dealer and confiscate his merchandise. Then they let him off with a verbal warning.like, "If I even hear a rumor from any of my street snitches that you cried to Internal Affairs I will cap you and plant a gun on your dead ass. And you'd better bet that I will get away with it."

    A badge is nothing more than a license to steal and murder. Cops commit as much armed robbery and murder, if not more armed robbery and murder, than the criminals. Do not ever forget that.

    Why do criminals become cops? Because they are sanctioned by your benevolent government to commit crime as long as the government garners some of the profits. Organized Crime pays and especially when you have a monopoly and can squeeze out your competition...

    (But they are there to keep you safe, right? LMAO...What a bunch of fools who believe that line of shit.)

    I know that to be true as i have known some dirty cops back in the day. (They had good drugs, not only good but the best.)

    They have since died early from the effects of alcoholism and drug abuse. Nature has a way of getting even.

  • MasterThief||

    That's the angle where all this makes more sense to me. If the apartment is already a murder scene, then I would think they already had the ability to search for and collect evidence. I can vaguely understand and possibly believe the officer getting off a long and exhausting shift then opening the wrong door and being confused enough to shoot an innocent person. It also relies on a number of coincidences and things going wrong all at the same time. It makes much more sense if the victim opened the door to the officer for some reason and that there was a confrontation that led to the shooting. I could definitely believe that drugs were central to this.
    I was almost on Seyton's side on this one. Still, this is one of those instances where I'll pull out the pitchforks with the rest of you and seek to burn this specific cop. I'm also in favor of making sure there is plenty of outside scrutiny for how the department conducts the investigation. I'm not bothered at all by the warrant to search the apartment for drugs especially if this could lead to evidence that would put a murderer behind bars (assuming this characterization of the situation is correct)

  • Zeb||

    Couldn't they have gotten a warrant to search the apartment for evidence relating to the homicide that no one denies took place there?

  • Juice||

    Here is something, that I think you just can't understand
    And you wonder why and how it is I could just kill a man
    You see, in these streets I pack my heat 'cause should it be for real
    And if you think you want to come and test me, then come deal with my steel
    Here is something you can't understand
    How I Could Just Kill A Man

  • Fist of Etiquette||

    In this case, "it seems pretty clear that this judge didn't have any problem with the absence of corroborating...facts that you would expect to see in a search warrant."

    Crackerjack jurisprudence.

  • The Squat Team||

    Maybe someone should ask the ACLU.

  • Chili Dogg||

    "Maybe someone should ask the ACLU."

    Nah, the ACLU is too busy squashing free speech.

  • sarcasmic||

    Bennett put it bluntly: "This is about as bad as a police shooting gets."

    Yeah, especially because it wasn't a police shooting.

    Sure she's a cop, sure she was in uniform, and sure she shot someone, but she wasn't on duty.

    That means she wasn't acting as a police officer. Hence not a police shooting.

  • Calidissident||

    It sure doesn't seem like our heroes in blue see it that way.

    I agree with your point, but I think it's clear that preferential treatment to police officers doesn't just extend to when they are on-duty.

  • eat the gristle||

    Fine, then the whole PD is both liable for this, and gets investigated for allowing their cops to carry guns while intoxicated, etc.

  • Kyfho Myoba||

    Respondiat superior does not apply to municipal corporations that have public officers with oaths of office. Settled law.

  • Gary Trieste||

    Not in the civil sense.
    But in the criminal sense, everyone is swept up into allegations.

  • Trainer||

    It extends to when they are off duty, out of town and also to their families. My son went through police academy and when I went to the cop shop to pick some stuff, I saw these little wallets they have that only hold a drivers license. You can chose what goes on the cover- "Police Officer's Wife/Sister/Brother/Mother..." They also had them for cops so when they're travelling, they can show their ID in them. The purpose, of course, it get preferential treatment without having to say out loud that your a cop or related to one.

  • Fist of Etiquette||

    I also see your point, but if she issued "verbal commands" and used lethal force when those commands were supposedly not immediately followed, I'd be inclined to call it a police shooting. If law enforcement are climbing all over the victim's corpse to find extenuating circumstances, I'm going to go ahead and call it a police shooting.

  • Cynical Asshole||

    They're certainly acting like it's any other police shooting.

  • ipsquire||

    No, they let the DA charge her.

  • Kyfho Myoba||

    Once again, public officers with oaths of office are ALWAYS on duty. That oath does not come with an hours of operation clause.

  • jagjr||

    that would imply that qualified immunity is unlimited and 24/7, which is pure nonsense.

  • Trainer||

    No it's not at least in Texas and are required to be armed.

  • Bob2||

    On or off duty, she's still way on the other side of the thin blue lie

  • Diane Reynolds (Paul.)||

    Neily notes, it makes sense police would expect to find shell casings or blood at the scene of the shooting. And the warrant refers to those too.

    Of course they're looking for shell casings. The only shell casings would belong to the shooter, and they need those rounded up ASAP.

  • ||

    The only shell casings would belong to the shooter, and they need those rounded up ASAP.

    There might be video/audio recordings as well. Those have to obtained so that they can practice releasing it to the public when this sort of thing happens and everyone arriving at the scene is wearing a camera that may or may not have recorded any extrinsic facts.

  • Diane Reynolds (Paul.)||

    "This looks to me like a witness trying desperately to conform her story to extrinsic facts as they come to light," he says.

    Look for the Union thug lurking in the background. Always.

  • Cynical Asshole||

    I'm kind of shocked the Dallas PD doesn't have a clause in their CBA that cops don't have to talk to investigators for 10 days after they kill someone like the Baltimore PD does. Oh well, next time the contract gets renegotiated.

  • Michael S. Langston||

    Why Did Dallas Police Search a Man's Home for 'Narcotics' After One of Their Own Killed Him?

    After the fact rationalization and because they believe drug dealers/users deserve to be shot.

    However... Note too this is TX, they have laws allowing deadly force in property crimes - so the off duty officer saying 'she failed to obey my commands' is odd since he wouldn't be required to give any and he's likely well aware of thatbfact.

    So a guess here is they think she was under the influence and trying to prove that possibility for the coming lawsuit.

  • Michael S. Langston||

    Wrong thread...

  • Diane Reynolds (Paul.)||

    However... Note too this is TX, they have laws allowing deadly force in property crimes

    This is true, so Botham Jean could have shot Guyger in the face and it would have been 100% justified.

    So a guess here is they think she was under the influence and trying to prove that possibility for the coming lawsuit.

    I also find this plausible, so any narcotics or contraband they find is probably hers.

  • Cynical Asshole||

    Botham Jean could have shot Guyger in the face and it would have been 100% justified.

    In theory, yes. In practice, OMGZ COP KILLER!11!11!!!111!!!!!

  • Michael S. Langston||

    No this is the right one... apologies for the idiocy

  • Trainer||

    Idiocy is rampant so I doubt anyone would have noticed if you hadn't said anything.

  • Tony||

    "fully opened under the force of the key insertion"

    Guns discharge, keys insert. Cops never read Strunk & White did they?

  • Jerry B.||

    Hoping to find drugs, so the cop can claim she was doing a drug bust and had never been taught she had to have a warrant to do so. Qualified Immunity.

  • Tony||

    It's a clear case of post-death futurecrime.

  • Hank Phillips||

    So why not get right down to the nitty-gritty and specify "planted narcotics" and "throwdown guns" on the warrant. Some hippies in Dallas occupied the straight guy's apartment next door. Not only did he have a good stereo, there was a dispute as to who should clean up some cat scat at the heads' pad. Narcs watching the traffic raided the place and found nothing, but planted two joints on the renter of the apartment--who was your basic nerd. This was standard practice when Republican Tricky was "our" Dictator over Southeast Asia.

  • crufus||

    Did the police get a warrant to search the shooters apartment for drugs? That would be more relevant to the case.

  • Kyfho Myoba||

    I think that she got drug tested.

  • Agammamon||

    Several days later.

  • Agammamon||

    And there's still a difference between testing positive (or negative) and having your place searched 'for signs of illegal activity'.

  • Cynical Asshole||

    Because fuck him, that's why.

  • Dillinger||

    to be fair, our mayor is a knucklehead and our police chief is on loan from Detroit.

  • DesigNate||

    She seems like she's trying to not be a total asshole though. And much like the last chief, says stuff that pisses off the Union from time to time.

    Rawlins is maroon though.

  • Dillinger||

    hey I'm down if she exceeds expectations.

  • IceTrey||

    Residents of the building have 1. Saud they heard her pounding on the door telling him to let her in 2. Posted video of his door which has a bright red mat in front of it casting doubt that she thought it was her apartment and 3. Posted video which shows the doors close and lock automatically. The chick is toast.

  • MasterThief||

    And this is where the outrage against police is premature. I want to see where they are going with the investigation first. I can understand them being slow to publicize that they are looking into more details that would make this all much worse for their officer. If they don't come back with some good answers and explanations, then we have a problem.

  • MasterThief||

    And this is where the outrage against police is premature. I want to see where they are going with the investigation first. I can understand them being slow to publicize that they are looking into more details that would make this all much worse for their officer. If they don't come back with some good answers and explanations, then we have a problem.

  • Gaear Grimsrud||

    gotta link?

  • D-Pizzle||

    "The chick is toast."

    You keep believing. So adorable.

  • Eddy||

    It seems a judge would issue a search warrant to look for a ham sandwich, if requested to do so.

  • SQRLSY One||

    Yes, most especially if it is a by-prescription-only, ham sandwich, and they suspect that you did NOT get a prescription!!!

    Don't laugh now... After all, food is "medically necessary", and so by-prescription-only status is just a matter of time now...

  • John C. Randolph||

    shot him twice after he ignored her "verbal commands."

    That's why she killed him. She was trained to believe that ordinary people owe her their obedience.

    -jcr

  • SQRLSY One||

    Dallas police are hoping to find a cheap plastic flute in the dead guy's house, that Dead Guy did NOT have a prescription for! That will retroactively justify the cop-lady having killed him!

    For those of you who don't want to be killed by Government Almighty, and then have your killing be retroactively justified, I would remind you to NOT blow on a cheap plastic flute w/o a doctor's permission!!!

    For more details, see http://www.churchofsqrls.com/DONT_DO_THIS/ , for EXACT details of what to NOT do!!!

    This has been a pubic service of and by the Church of SQRLS....

  • target||

    "any contraband, such as narcotics," that could "constitute[e] evidence of a criminal offense."
    "not at all uncommon...to have a standard, boilerplate search warrant."

    isn't that the very definition of a "general" warrant? and they openly say it is "fairly standard" and "not at all uncommon". If a warrant has to be given based on probable cause of a crime, the only crime they had cause to susspect is of the shooting. Furthermore the warrant must state only that which they have prob. cause to find, and seize only those items. Other "contraband" can be seized even if not listed on the warrant as it's very existance is illegal. That being the case, having a warrant say "any contraband..." fails to give a specific item to support the prob cause the warrant is based on. and is also irrevelent because those items could be seized anyway.

    This "warrant" can be nothing other than a way to attempt to smear mud on the murder victim. And in the process shows how "fairly standard" it is for judges through neglegance to rubber stamp any officers desire to ignore our 4th ammendment rights, if not outright collusion. I mean if a dog alert or a field drug test with a measured accuracy rating of around 50% give officers prob cause, to ignore our rights against unreasonable searches, they might as well carry around a coin to flip, at least that way it would be unbiased.

  • SQRLSY One||

    Yes, speaking (and barking?) about stupid-dogs and their random and arbitrary alerts...

    HELP-HELP-HELP, won't someone please give me some good advice?!!? I have a most EXCELLENT tax-money-saving idea that I'd like to put in to the Departments of Our Heroic Protectors in Government Almighty all across the land, and I just don't know WHERE to submit my brilliant money-saving idea; PLEASE help. Idea summary: REAL drug-sniffing dogs are expensive to train, feed, house, and transport. EFFIGY dogs (think sock-puppet-doggie on officer's hand) would be FAR less expensive! Officer waves sock-puppet-effigy-dog slowly over car, says wuff-wuff-wuff quietly and softly, then reaches trunk of car, goes WOOF-WOOF-WOOF loudly and urgently, now the car can be searched! Problem solved, cost-effectively! Woo-Hoo!!! … Now… HOW do we spread this most excellent idea? Please advise… This excellent idea brought to you by the Church of Scienfoology, see http://www.churchofsqrls.com/

  • target||

  • unperson||

    the ONLY reason why Reason & the rest of the corporate media are reporting this is because the victim is a black person...if the victim had been white, no one would have ever heard of this case

  • barfman2018||

    *barf*

  • UnrepentantCurmudgeon||

    Quick, without peeking, bring us up to date on the shooting of Nadine Diamond.

  • jagjr||

    Google shows a Facebook page that has nothing related to shooting on it, and a bunch of spurious references to diamonds and people named Nadine. care to provide a link to a news source??

  • Kyfho Myoba||

    This is race baiting bullshit. Reason was all over the Kelly Johnson story. Fuck off, copsucker.

  • DirkT||

    And when pretty young white women go missing and are later found to have been raped and murdered it is big news yet when it is a black woman no one ever hears of it.

  • Sonny Bono's Ghost||

    Wait! So now we are issuing warrants for the purpose of establishing probable cause? WTF?

  • UnrepentantCurmudgeon||

    Yeah, the warrant is entirely bogus. Warrants issue upon a showing of probable cause, not upon some vague belief that probable cause might emerge like Athena from the head of Zeus and the fact that the apartment is a the scene of a possibly criminal homicide does not in itself create probable cause. But because of well-established rules regarding standing it is on Jean's family to take the warrant up on a writ or appeal. I hope Bennett has the chops for that, though his grandstanding leaves me in doubt.

  • Ben of Houston||

    There is the possibility that they are withholding evidence from the public. Most importantly would be if the officer tested positive for narcotics. That could possibly support both the lovers quarrel and drug deal theories, both of which would elevate this from manslaughter to murder.

  • UnrepentantCurmudgeon||

    "Bennett put it bluntly: "This is about as bad as a police shooting gets."

    I call BS. Guyger did not act under any color of authority as a police officer. She was on her own at all times. That the law enforcement establishment seems to be attempting to circle the wagons after the fact does not change that. The focus should be on prosecutorial and judicial misconduct, not on institutional police misconduct. But we all know there's no sex appeal in that.

  • ThanksForTheFish||

    "fully opened under the force of the key insertion,"

    I'm starting to believe that cops aren't actually human. Because who the hell talks like that in real life?

  • SQRLSY One||

    The alleged suspects were allegedly apprehended by the allegedness of the apprehensiveness of the law enforcementedness of the officers of the law! Our pubic-affairs office will handle all further inequities.

    Thank You (and thank Your Law Enforcement Officers) Vera Mulch!

  • DirkT||

    I think that when I am called a "Caucasian" to my face ...

  • jagjr||

    did they blood test the officer and search her apartment for evidence of mind-altering substances that could have, in part, explained her wandering into someone else's apartment and shooting the lawful resident??

  • jagjr||

    and while we're at it, why is this being referred to by ANYONE as a police shooting?? the officer was not acting in the line of duty in any respect.

  • woodNfish||

    "Why Did Dallas Police Search a Man's Home for 'Narcotics' After One of Their Own Killed Him?"

    As I wrote when this murder was first reported, they are did not charge the pig-cop with murder so they would have time to gather what they need to smear the victim. Also the pig who murdered this innocent man was probably drunk at the time. Did they do an breathalyzer test on her? I doubt it. Everyone involved in this phony investigation should be charged with conspiracy to cover up a murder, and the cop should be in jail awaiting prosecution for murder.

  • majil||

    These Pigs are going to plant evidence. Why are theynot searching the apartment of the gash that shot him ?
    I believe she is going to ask for a bench trial and she will walk.
    This is why I do not care when cops are shot in the face

  • Kevin Tyssen||

    If you want to search for mind-altering substances you might want to start with the cop who walked into the wrong apartment and shot a guy

  • tgrondo||

    WTF?

  • tgrondo||

    WTF....SPAM???

  • DirkT||

    Fascinating how the word "marijuana" can easily be used to cast a shadow on the character of a hard-working, educated professional. For this reason alone law enforcement would not support the decriminalization of cannabis.

  • AD-RtR/OS!||

    DPD searched? Isn't this investigation being handled by the TX Rangers?

  • Greg_Cherryson||

    "...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."

    The police and their judicial enablers clearly have forgotten their place.

  • The Other Bob M||

    Did they search Jean's apartment? Or did they search a murder scene? Same place, but a different perspective.

    This whole thing smells badly. I don't believe the officer's story at all. But it's not at all unusual to get a warrant to search a crime scene like this one.

    If one reads the search affidavit objectively, it doesn't say that DPD suspects anyone of a crime. They simply want to search the place for any evidence they might find. Yes, marijuana was found there. But *they haven't established ownership of the pot yet.* So yes, it's evidence of a crime. But it's not evidence against anyone yet.

    The warrant also seeks to locate a "video surveillance system," which may provide objective evidence of what happened.

    So far I think DPD has screwed up more than a little bit. But I'm not convinced it's deliberate. Yet.

  • CaveMan||

    Looking for drugs mean the cops can search anywhere they choose. You can hide drugs anywhere. Looking for a 50" TV means you can't open drawers and small cabinets.

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