Judicial Rubber-Stamping of Warrants Can Be Deadly

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Washington, DC – -(AmmoLand.com)- According to a federal indictment unsealed last week, Breonna Taylor, a 26-year-old EMT and aspiring nurse who was killed during a 2020 drug raid in Louisville, Kentucky, died because a cop lied. According to a 2019 federal indictment, the same is true of Dennis Tuttle and Rhogena Nicholas, a middle-aged couple killed during a drug raid in Houston that year.

When police officers invent facts to obtain search warrants, they are committing crimes, violating the Fourth Amendment, and instigating potentially lethal confrontations without a legal basis.

Although outright lies may be difficult to detect in advance, more rigorous judicial review of police affidavits could have made a crucial difference in both of these cases.

When Louisville Detective Joshua Jaynes sought a warrant to search Taylor’s apartment in March 2020, he claimed he had “verified through a US Postal Inspector” that suspected drug dealer Jamarcus Glover, Taylor’s former boyfriend, had been “receiving packages” at her apartment. After the raid that killed Taylor, Jaynes told investigators that information actually came from a colleague, Sgt. Jonathan Mattingly, who supposedly told Jaynes “nonchalantly” that Glover “just gets Amazon or mail packages there.”

According to the indictment against Jaynes, both claims were false. Furthermore, Jaynes’ suggestion that the packages might contain drugs or drug money was inconsistent with the reference to Amazon shipments. Glover, who was arrested elsewhere the same night that police killed Taylor, told the Louisville Courier-Journal that “nothing illegal” was delivered to her apartment — just “shoes and clothes” — and that Taylor was not involved in his drug dealing.

Even with the ambiguous reference to “packages,” the evidence implicating Taylor in her ex-boyfriend’s criminal activities was thin. Jaynes reported that he had seen Glover outside Taylor’s apartment and that he had seen Taylor’s car parked in front of a house used by Glover “on different occasions,” although he did not specify when or in what circumstances.

Although Jefferson County Circuit Judge Mary Shaw may not have realized that Jaynes invented a conversation with a postal inspector, it should have been obvious that the evidence against Taylor, based entirely on guilt by association, was much weaker than the evidence against Glover.

Yet Judge Shaw approved a warrant for a no-knock, middle-of-the-night search of Taylor’s apartment along with four other warrants for houses linked to Glover, all within 12 minutes.

After the Houston raid that killed Tuttle and Nicholas, it turned out that a veteran narcotics officer, Gerald Goines, had fabricated a heroin sale to falsely implicate them in drug dealing. While Municipal Court Judge Gordon Marcum, who approved the no-knock warrant for the couple’s home, may never have imagined that Goines was making the whole thing up, there were clues that the officer’s affidavit was fishy.

Although Goines claimed he had been investigating drug activity at Tuttle and Nicholas’ home for two weeks, he had not bothered to find out who lived there. Goines said he had “advised” a confidential informant that “narcotics were being sold and stored” at the house, but he cited no evidence of that, notwithstanding his two-week investigation.

Goines claimed another narcotics officer, Steven Bryant, had recognized the “brown powder” that the informant supposedly bought at the house as heroin, a detail that Bryant later contradicted. One wonders what Bryant would have said if Marcum had asked him to verify Goines’ account.

Local prosecutors discovered that Goines, who was employed by the Houston Police Department for 34 years, had been similarly creative in other cases, citing drug purchases that never happened to justify searches and arrests. He also had a history of justifying no-knock warrants by citing firearms that were never recovered — a suspicious pattern that no one noticed until it was too late for Tuttle and Nicholas.

When judges rubber-stamp warrants without asking basic questions or pausing to consider whether police have established probable cause, they forsake their responsibility to protect our constitutional rights. The result is unjustified home invasions that can have deadly consequences.


About Jacob Sullum

Jacob Sullum is a senior editor at Reason magazine. Follow him on Twitter: @JacobSullum. During two decades in journalism, he has relentlessly skewered authoritarians of the left and the right, making the case for shrinking the realm of politics and expanding the realm of individual choice. Jacobs’ work appears here at AmmoLand News through a license with Creators Syndicate.

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Roverray

I consider myself pro law enforcement, however SWAT/ violent entry teams are way over used. Same with civil forfeiture, a reasonable person would say this is an abuse of power. Have you ever heard lawmen raid a drug den or gang house? Yeah, me nether… They seem to only raid single family dwellings. This needs to stop now!!!!

Ope

SWAT entry teams are used for executing high risk warrants against violent individuals. BTW,how did you determine they are way overused?

Russn8r

Yeah. Like this violent “individual”.

Saying “individuals” instead of people is the M.O. of low-IQ cops trying to sound smart. The kind who make excuses for enforcers pissing on the oath.

JSNMGC

Yeah, enforcers have proven they can’t be trusted with this power – wrong addresses, bad info, etc.

BTW, less than two hours until the polls close – interested in an “on the ground” update?

Russn8r

YES! I want to see her cry. So sad!

At least she’ll always have Kevin Costner!

JSNMGC

I personally spoke (individually) with 124 registered voters over the last five days. Almost all were registered Republicans in Wyoming as of the 2020 general election. A few had moved to Wyoming since the 2020 general election.  I don’t believe there were any Democrats who switched parties for the primary in my sample.  Results (not statistically meaningful): 82.3% Hageman 8.9% Cheney 2.4% Knapp 4.0% Not voting 2.4% Write-In Voter turnout for a non-presidential election year seems outstanding. Here are some observations broken down by age group: Elderly Those voting for Hageman – mostly because Liz went against Trump. Most were heavily influenced by… Read more »

Last edited 1 month ago by JSNMGC
Russn8r

Excellent report. Many thanks. The DO-NOTHING Ex(?)-Cop Chatroom Commando
Downvote Posse didn’t like it.

The convenient “voting doesn’t count” line is also a sloth excuse, pushed by DemCom AGENTS posing as Repubs. 7 N/Vs out of 124 is ~6%, enough to throw many elections.

I want to see this сука cry like a baby RINO!

Last edited 1 month ago by Russn8r
JSNMGC

You’re welcome.

One of the “voting is futile” people was a real nut.

JSNMGC

Liz and Dick in Jackson today:

comment image

Could Dick look any more like an aging war monger?

Too bad so many Wyomingites were sucked into the Bush/Cheney statist agenda in years past.

Maybe TEXAS, Kentucky, and South Carolina are taking notes.

Russn8r

Looks like the people of Wyoming want the Cheneys to F off to China where they belong.
LOL

JSNMGC

It’s good that she is going to be gone, but the fact that Gordon is so popular is indicative of the attachment too many Republican voters have to a large, powerful, intrusive, expensive government.

Still lots of work to do.

Russn8r

I’m trying to figure out what cartoon or movie character Evil Dick reminds me of. $100 says he had a covid vaccine stroke. Would serve the scumbag right.

JSNMGC

A fat Ebenezer Scrooge?

Russn8r

LOL YES! Check out bitter TEX downvoting in the background after I busted him hoping Palin beats Murkowski in Alaska, then he deleted his post.

JSNMGC

I saw that – he is the go to source for political analysis.

Russn8r

You shore are right about that !
You shore are !
TEX even predicted Cheney would lose !

JSNMGC

Nice spacing .

Russn8r

Awww, that’s so sweet that you noticed !
It shore is !

JSNMGC

Well,I have to go . We have friends over for dinner to celebrate and the main course is just about ready . They are cracking up – rule #32:
https://www.youtube.com/watch?v=AbYYNuG60ac&ab_channel=Blackskyline4

Last edited 1 month ago by JSNMGC
swmft

daddy war bucks from Annie

Last edited 1 month ago by swmft
Bigfootbob

A fat Mr. Burns? I don’t know, but he sure looks like a caricature in that photo and if you combine that with the hostile words he uttered for his loser daughter’s campaign ad, you have a pathetic sad individual.

Russn8r

Yep. Good one.

Roland T. Gunner

A touch of Felonius Gru?

Russn8r

Oh yeah.

Bigfootbob

The work will never end. That’s another thing we tend to do wrong. We vanquish our challengers then we go back to our private lives thinking it’s over…it’s never over, at least until we fight them until there’s no more communists left alive. That’s their intentions make no mistake.

Roland T. Gunner

You wanna know what Lez is gonns look like in 30 years? You’re lookin’ at it right there.

Russn8r

OUCH

Bigfootbob

You my friend are a genuine America loving SUPER PATRIOT. I bow to you. You have forever earned my respect.

You did what I have been advocating for since I joined the forum. Bravo. You helped save our Representative Republic with your selfless actions yesterday. Now, if we could get everyone who posts here to do what you did or even half of what you did, America would be a much better place. Thank you.

JSNMGC

Thanks for the comments.

I’ve been doing this and other political activities (hosting/moderating debates and Q&A events, etc.) for a long time.  Just in the area I live, there are dozens of people who are involved. There are similar groups all over the state who also work on advancing good candidates and getting the vote out. 

Ope

Bigfootbob, do the cigarettes you smoke have the funny little twisted ends?

Russn8r

“Bigfootbob, do the cigarettes you smoke have the funny little twisted ends?” -OpeTEX

$100 says what Ope smokes has ends like German helmets.

Last edited 1 month ago by Russn8r
Roverray

It’s in the news all the time, wrong address, bad information, nothing found. So yeah, it’s over used…

Russn8r

Yep

Boom

Alberto Sepulveda

Russn8r

Thanks. These victims should be remembered, for their sake, and to prevent future victims.

JSNMGC

Some of us are more interested in “civilian” safety.

Roverray

Yes, l am interested in tax paying civilian safety! You just can’t bust down a door at 3am and yell police. If you are law abiding, in your own house l wouldn’t believe it for a second… what would you do? Before you answer most home invaders scream police/DEA/some other letters of the alphabet…..

JSNMGC

Ope is causing thread confusion again. He posted a comment expressing his concern for “officer safety” (at the expense of “civilian safety”).  I responded to his post and then he deleted it. Now it looks like my post was in response to you. Usually, I quote him so this doesn’t happen, but I didn’t in this case. 

“Officer safety” has been used far too often as the justification for the abuse of people’s rights.

Russn8r

Ope’s is a coward’s M.O.
Delete dumb comment.
RUN AWAY!

JSNMGC

There is another current account that does the same thing – just less obvious.

HLB

It has been un-deniably demonstrated that government performs acts of un-conscionable evil. Any individual facing the possibility of these attacks should arm themselves with weapons that can stop that attack, whatever weapons it takes.

HLB

john

The police are not here to protect you they serve the governing body’s in power in your state or municipality. The police investigate after the fact if a crime has been committed the police rarely are there as the crime is in progress. If you need help call the police !!! The fact is the term “Law Enforcement ” is the perfect description of what they do. Today we all understand that the judicial system is corrupted by the appointment process of the political party in power. To be fair some judges and district attorneys and sheriff departments still believe… Read more »

Finnky

If you understood events discussed in the article – it goes a lot farther than depending on yourself to defend yourself from ordinary criminals. Stories above are strongly indicative that you need to be prepared to protect yourself from police officers. In case of Gary Tuttle, if he had not made valiant effort to defend himself the truth would never have come out. Following the shooting Houston police were strongly criticizing those who criticize police – as we created situation putting police at risk. They never apologized for that defense and I suspect that if the rangers had not taken… Read more »

john

The ruling from the supreme court in 2005 gave elected the power over the appointed in local and state police departments. There are brave men and women and there are some real losers. Again the term Law Enforcement is not serve and protect.

Russn8r

More evidence we need to face the fact that there are far too many police, arm & train civilians instead. If they’re not there to serve and protect, you only need a fraction of them to mop up after the fact.

Roland T. Gunner

I am as skeptical of law enforcement as any retired cop you will meet; and maybe it’s a cultural thing in my department that varies from agency to agency. But those officers in Uvalde were an extreme instance of breakdown, some form of disfunction.
In my department, I dont think I ever knew an officer that would have sat by in Uvalde. They would have been clawing each other out of the way to get inside, with their Spydercos and Buck 110’s if necessary.

Russn8r

~”In my dept, I dont think I ever knew an officer that would have sat by in Uvalde. They would have been clawing each other out of the way to get inside, with their Spydercos & Buck 110’s if necessary.”

God Bless them. What happened to “One Riot, One Ranger”? Uvalde was 1 Punk, 400 Stupid Coward Poseurs: look tough, check texts, hand sanitize (Safety 1st!), hit vending machines, cuff mom & pop troublemakers etc. Prime case for fewer police, more armed & trained civilians. With that model, depts could be pickier, avoiding thugs, power-trip sickos & morons.

Last edited 1 month ago by Russn8r
john

The Uvalde Police were a poor example for the future. By stopping people. “Parents: from rushing into harm’s way to save the children all those who were there that day should turn in there Badges. They were cowards who followed orders of the elected. The elected now should be held accountable as should the grandfather and grandmother and all adults under that roof. Till all murders are made to face extreme justice the democrats will allow this mayhem to continue. They themselves lawmakers are also guilty of one way justice. It is there system that they have created that fails… Read more »

Doug G.

Then what about the Ferguson Effect? Nobody wants to be “that guy” who ends up on the news or whose arrest goes viral and then watches as his seniors cave to irrational and emotional demands. Uvalde was not so much an outlier as you say. It was more like the culmination, a vivid example, of cops over the last few years. Just following orders, as they arrest priests for preaching, or business owners for opening their businesses or children playing in a park for not being masked. Just following orders. Not going after the shooter, while he’s shooting children, because… Read more »

john

Murderers of children in progress should not be arrested, they should be dead no surrender no prisoners.

That is what is is going to take to stop the madness.

Next charge the lawmakers who want to tie the hands of first responders who believed children under attack should be left to die.

When the elected encourage mass murder they themselves should pay the heavy price.

Last edited 1 month ago by john
Russn8r

Like these federales & their local collaborator LEOs?

Doug G.

Sadly, so says every cop about “their” departments’ and officers’. “In my dept. we would never/always do X.” as ubiquitous as the claim that the good cops will squeeze out the bad ones. When in reality they ALL circle the wagons the instant they’re challenged on anything.
And I’m in full support of law enforcement and policing, when it’s done right. Even have a yard sign saying so.

2gats

I DO NOT SUPPORT POLICE IN RESTRICTIVE OR RED FLAG STATES.

IF YOUR AGENCY BECOMES THE NAZIS AND YOU DON’t QUIT…….YOU ARE A NAZI!!! PERIOD! I do NOT CARE about your pension!!!! F’ You. QUIT!

I am also tired of the firearms and ammo companies I regularly support selling guns and ammo to police that I can not purchase in violation of the second amendment. STOP SELLING GUNS AND AMMO IN RESTRICTIVE STATES.

CUT OFF RESTRICTIVE / ANTI CONSTITUTIONAL STATES….MAKE CITIZENS DEMAND HEADS ON PIKES INSTEAD OF BURYING THEM.

2gats

and while I’m in the subject…….

who is going to sell the guns to the 87,000 new gestapo (irs) heroes???

why would you do business with the company(ies) arming these fascist assholes?

Chuck

Uhm, Ruger comes to mind.

2gats

More like Glock, HK, S&W (cost being no object)

Laddyboy

‘ruger’ It IS ‘ruger’ who said only 10 rounds are needed by Americans. I DEMAND an APPOLOGY from Ruger before I spend on CENT on their products!!!!!

Wild Bill

I see your point, but that offender is dead.

Last edited 1 month ago by Wild Bill
Wild Bill

True, but such a big contract. All the manufacturers will go after that contract. The IRS could tie all kinds of political strings to such a contract, so that the government might get their way in some other area.

Last edited 1 month ago by Wild Bill
2gats

“Rubber stamped” warrants are void on their face.

judges rubber stamping warrants should be relieved of their job and prosecuted under 18 USC 242

Bucketboy

Yeah I love cops using that term “civilian” crap. Barf.
What civilian.

Donald Scott

Last edited 1 month ago by Bucketboy
StreetSweeper

The Tuttle/Nicolas case was the subject of several articles on AMMOLAND though I have not seen any updates lately, it is egregious. Dennis Tuttle was SOMEHOW able to shoot 6 in the raid, none fatally. Goines was also carrying heroin packets, presumably to plant as “evidence” and I believe he is now sitting on Death Row.

Roland T. Gunner

I did not know that. I (and my father and brother) are all retired from Houston PD), and I did not really know Goines, but I had met him a couple of time. Multiple significantly unusual shootings he was involved in had raised eyebrows over the years; enough so that he woueld discuss them in lectures at the police academy from time to time. Also, in my experience, both shopping judges, loose details on search warrants, and executing warrants on the wrong location were routine occurrances.

Russn8r

This warrant based on police lies was rubber stamped by a Ventura county judge. Ended up being a death warrant. Donald Scott was murdered by Los Angeles sheriffs deputies to steal his ranch by asset forfeiture after he refused to sell to the Park Service. Asset Forfeiture = Cops On Commission. Though Scott was innocent, in the end the federales coerced his widow to “sell” the ranch to them.

Boom

Donald Scott

Wild Bill

Yes, His case is documented in the book, “The Tyranny of Good Intentions” by Roberts and Stratton.

Bigfootbob

Asset forfeiture is the second most abused police activity, this article explains the #1. The more the cities/counties/state/Feds/military continues to lower hiring requirements the more of those issues you will have to chronicle. We need genuine peace officers, not jack booted moronic thug enforcers. Like the criminal morons who downvote you every time you post an obit of an enforcer’s victims. Judges need to be held accountable too, there are strict standards that ALWAYS need to be followed. Judges in my state are a mystery. They are not allowed to tell you how the they would rule on an issue… Read more »

Russn8r

Thanks. Need a well-funded group researching-ranking judges from an American Constitutionalist, natural-rights, loyal citizen-“civilian” POV, so we wouldn’t each have to invent & build the wheel. With associated PAC working to repeal laws muzzling candidates, remove bad judges etc. I’d donate.

I’d also shy away from LE & prosecutor lobby endorsements.

More on Don Scott. The murdering thieves relied on a lying “Confidential Informant”. A “suspicious activity” alleged: She spent $100 bills in Malibu. The case is known since he was a wealthy heir. How many atrocities by LEOs against poor or middle class vics go under the radar?

Last edited 1 month ago by Russn8r
john

I find it disturbing that any American could want to do the bidding of the Democratic party. If you work in any government agency or are a first responder your loyalty is to the American people and our constitution. The elite in Washington and those working in the deep state your America is still far from being a reality. There are those that will defend what others have fought so hard to achieve and so many died for. You the elite and the deep state you are cowards that hide behind closed doors nameless like bad little angry children ,… Read more »

Last edited 1 month ago by john
Laddyboy

SECOND RESPONDER! SECOND RESPONDER! The First Responder IS the person ALREADY on that site!!!!
The LOYALTY of EVERY RESPONDER — MUST be to the RULE OF LAW UNDER OUR AMERICAN CONSTITUTION!
Otherwise, your comment is SPOT-ON!

Wild Bill

Yes, the answer to many of our ills, in the US, today, is getting back to the Constitution.