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Old November 28, 2011, 10:25 AM   #15
Hardcase
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Join Date: April 14, 2009
Location: Sunny Southern Idaho
Posts: 1,906
In the article linked in the original post, the SWAT consultant's statement may strike to the heart of the issue:

"It's a horrible, horrible tragedy, but if they walked in the door and somebody came at them with an assault rifle, that would be a justifiable response," said Drago. "It doesn't matter whether he's innocent or not."

But after examining elements of the search affidavit, Drago questioned whether the sheriff's office truly had probable cause.

"When you back up and look at why they're there in the first place and whether the search warrant was proper, my mind starts struggling," Drago said. "There are a lot of things that don't make a lot of sense."


The shooting may have been justified, but if the warrant was improper, then, justified or not, the sheriff's department should not have been in that house. But even if the warrant was proper, it seems to me that, rather than a confrontational, violent search of the house, the SWAT team could have come when Guerena was at work and the kids were at school. Then, if justified, the arrest could have been made away from the house and without putting the deputies and the family at risk.

It's Monday-morning quarterbacking, but it seems to me that not enough thought was put into making the raid as safe for everyone as it could have been. And I think that Pima County is going to end up with the short end of the stick on this one.
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