Tag: criminal justice

“As is often the case with drug raids, the initial, self-serving police account proved to be inaccurate in several crucial ways. Although Thonetheva supposedly was armed and dangerous, he proved to be neither: He was unarmed when he was arrested later that night at his girlfriend’s apartment without incident (and without the deployment of a “distraction device”). Although Terrell claimed police had no reason to believe they were endangering children, even cursory surveillance could easily have discovered that fact: There were children’s toys, including a plastic wading pool, in the yard, where Bounkham frequently played with his kids. In the driveway was a minivan containing four child seats that was decorated with decals depicting a mother, a father, three little girls, and a baby boy.
Four months after the raid, a local grand jury faulted the task force that executed it for a “hurried” and “sloppy” investigation that was “not in accordance with the best practices and procedures.” Ten months after that, a federal grand jury charged Nikki Autry, the deputy who obtained the no-knock warrant for the raid, with lying in her affidavit. “Without her false statements, there was no probable cause to search the premises for drugs or to make the arrest,” said John Horn, the acting U.S. attorney for the Northern District of Georgia. “And in this case, the consequences of the unlawful search were tragic.”

The negligence and misconduct discovered after the paramilitary operation that burned and mutilated Bou Bou Phonesavanh are common features of “botched” drug raids that injure or kill people, including nationally notorious incidents such as the 2019 deaths of Dennis Tuttle and Rhogena Nicholas in Houston and the 2020 death of Breonna Taylor in Louisville, Kentucky. But beyond the specific failures detailed in the wake of such outrages is the question of what these operations are supposed to accomplish even when they go as planned. In the vain hope of preventing substance abuse, drug prohibition authorizes police conduct that otherwise would be readily recognized as criminal, including violent home invasions that endanger innocent bystanders as well as suspects and police officers.

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what are police trying to achieve when they mount an operation like this one? As the grand jury implicitly conceded, busting one dealer has no measurable impact on the availability of drugs: If police nab someone like Thonetheva, someone else will surely take his place. But from 1995 through 2023, police in the United States arrested people for producing or selling illegal drugs millions of times. Did that massive undertaking make a dent in the drug supply big enough to reduce consumption?

Survey data suggest it did not. The federal government estimated that 25 percent of Americans 12 or older used illegal drugs in 2023, up from 11 percent in 1995. Meanwhile, the age-adjusted overdose death rate rose more than tenfold.

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SWAT teams, originally intended for special situations involving hostages, active shooters, or riots, today are routinely used to execute drug searches.

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Even when drug raids do not technically involve SWAT teams, they frequently feature “dynamic entry” in the middle of the night. Although that approach is supposed to reduce the potential for violence through surprise and a show of overwhelming force, it often has the opposite effect. As the Habersham County grand jury noted, these operations are inherently dangerous, especially since armed men breaking into a home after the residents have gone to bed can easily be mistaken for criminals, with potentially deadly consequences.

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How often does this sort of thing happen? There is no way to know. Prosecutors, judges, and jurors tend to discount the protestations of drug defendants, especially if they have prior convictions, and automatically accept the testimony of cops

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The underlying problem, of course, is the decision to treat that exchange of drugs for money as a crime in the first place. By authorizing the use of force in response to peaceful transactions among consenting adults, prohibition sets the stage for the senseless violence that periodically shocks Americans who are otherwise inclined to support the war on drugs. But like the grand jurors in Habersham County, they typically do not question the basic morality of an enterprise that predictably leads to such outrages.”

https://reason.com/2025/09/02/botched-drug-raids-show-how-prohibition-invites-senseless-violence/