KNOCK & ANNOUNCE FARCE
Knock & Announce, My Ass! - thanks again to the magic of video, another police officer may be in big trouble. Just as Hollywood's Dewey Pressley is being tried for his memorialized machinations, BSO's Steven Handras finds himself in a big mess because of PWBC outtakes obtained by Brian Greenwald.
The issue surrounds a BSO raid, a search warrant, and the all important "knock & announce" requirement that makes the whole thing legal from the defense perspective. Here's part of what Lead Detective Handras said under oath before Matt Destry, in response to questioning by the prosecutor at a suppression hearing held before the video came to light:
A. I was in the van with (the SWAT Team), approached the residence ... they went up to the door, they conducted their knock and announce, and waited some time and then nobody answered the door so they opened the door.
Q. And that is exactly what we want to concentrate on and talk about, the knock and announce. Could you be more specific with the court how that knock and announce procedure went on this occasion?
A. The SWAT team knocked on the door very loud ... They yelled very loud, Broward Sheriff's Office, SWAT Team, Search Warrant, Broward Sheriff's Office, SWAT Team, and pretty much the whole team yelled it, not just the reachers, the person that is conducting the knock and announce ... the person at the front knocked on the door, yelled Broward Sheriff's Office, SWAT Team, search warrant. Then the rest of the team also repeats it so there is no way to misunderstand it.
Q. On this occasion did they all repeat it?
A. Yes. That is something the SWAT Team does on every single search warrant they do ...
Q. How long after they knocked on the door did they go inside?
A. I don't know exactly how long it was. I wasn't timing them. They did wait, seemed to me like -- it felt like to me like kind of a long time, but I mean --
(The operation's Lead Detective proceeds to give estimates ranging from thirty to fifteen seconds. Read the full questions and answers in the transcript.)
Unfortunately for Handras, his version of events is completely and utterly contradicted by unaired outtakes from PWBC that Greenwald subpoenaed and made public record earlier today. Check it out here, complete with this nifty bit of BSO narration:
"They're about to, uh, knock down the door, go in like they normally do ... "
Frightening stuff, considering no one would have been any the wiser if the video hadn't surfaced. Destry, for his part, has already released the Defendant from custody, and the defense is hopeful he will grant the Motion To Suppress on Friday if the SAO doesn't do the right thing and dump the case.
Here's what Greenwald had to say about this and other instances of "but for the video":
"They think they are above the law and that the ends justify the means. It's just scary thinking about all the other cases where there isn't video, and about what could be happening where we don't have that added layer of accountability."
Truer words have never been said, particularly in see no evil Satzland, where every outrageous and incredible police action is kosher until a defense attorney produces a video ...
Booked In Absentia - all those hollering "Special Treatment!" regarding Rene Robinson's no trip to jail DUI arrest might want to look at the pretrial release statute, which allows for the posting of bond for those booked in absentia. It actually makes sense, considering taxpayers would be left holding the bill for armed guards sitting around hospitals for hours or days while truly sick suspects wait for medical clearance. That being said, getting booked quickly and courteously from a remote location may not be something the average Joe, Carlos, or Lakeisha might want to count on ...
Awkward moment - during voir dire today in the trial of Hollywood PD's Dewey Pressley, a distraught woman told the judge she couldn't manage jury duty emotionally because she had been raped by a Hollywood police officer many years ago. Only in Broward ...
Coming Soon: Having a really, really Tough Tein ...
SS: Lawyer: Hollywood officer told the truth in crash reports
Too funny.
Except every time an ASA goes forward with a lying dirtbag cop the ASA is lying too.
Take a good look. The license to practice law and personal integrity and honor belong to the individual and not any office or supervisor.
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What an ass. I guess this guy is just so used to saying whatever he thinks would help that he forgot the cameras were there!
Nice perjury, buddy!
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Do they teach perjury at the academy, or do they save that for prosecutors to teach them before their first trial?
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Don't worry SPU will be all over this guy as soon as they walk Walt Dizzy.
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Time to hire Tim Donnelly for the defense team.
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The Pressley trial article is interesting. Is it any wonder these cases always go to trial? The verdict is almost always NG. Why is that?
Trial is a good move anyway. If the verdict comes out G Judges always hook the defendant up anyway. In this case Robinson is up for reelection. He won't convict him or send him up the river. That's how it works.
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Would so many police lie cheat steal in Broward if it wasn't the culture for 30 years? What is the message to police when Judges and State Attorneys look the other way time and again? Isn't this considered normal behavior by now?
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BAN BIMBOS OF BROWARD AND RETURN CITIZENS' CONSTITUTIONAL RIGHTS.
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It's sad that anyone's kid would be popped for DUI. It's even more sad that there appears to be a double standard in play when it comes to the kids of Broward Judges.
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It sucks for the deputy that he got caught in a lie, but I'm not sure how this helps the criminal defendant. The US supreme court held in Hudson v. Michigan (2006) that the exclusionary rule does not apply to "knock and announce" violations. The posting didn't say there was any other grounds for suppression for this motion should pretty quickly be denied. The criminal defendant doesn't deserve a windfall because of this.
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It's still illegal even if not suppressible. And its still a bunch of lies made in court under oath.
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The sad part is that the only time the cops get nailed lying is when there just happens to a be a video.
For every 1 video taped lie, there are 1000 that they get away with.
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I hope Greenwald kicks these blond bimbos to the curb. What they are doing is wrong. And they continue to get paid to do it. What's wrong with this picture?
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WILL SATZ PROSECUTE THIS?
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Uh election year duh
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You are correct, 10:08am. The US Supreme Court did in fact hold that the exclusionary rule does not apply to 4th amendment knock-and-announce violations...
HOWEVER...
Please see State v. Cable, 51 So.3d 434 (2010). In Cable, the Florida Supreme Court goes into an extensive discussion as to why Hudson is not controlling, and ultimately holds that the exclusionary rule is still the appropriate remedy for violations of Florida's knock-and-announce statute!
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Brian I stand corrected. I deal mostly in Federal Court where the Fourth Amendment applies. Since the Fourth says the exclusionary rule is based upon state law grounds then the Court should follow the Cable opinion. I do sense however, that shortly the Fla. legislature will step in to ensure that Florida Knock and Announce statute is applied in conformity with federal law in the near future. In the meantime, congrats. I still don't think your client deserves to get this windfall, but legally he'll apparently be the beneficiary. I'm curious, had you turned the video tape over to the state prior to the suppression hearing?
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99 percent of police are upstanding. The few bad ones spoil it for everyone. The state allows it. If they cracked down on the bad guys the good cops would be thankful.
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Holy perjury Batman!
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I guarantee NOTHING will happen to this officer. At MOST, an IA investigation will result in an official agency clearance! Just another day in SatzLand
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Pigs live by the law of the jungle. Everybody else has to live by the laws of society.
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They lie every day in police reports. What difference does it make if it's in court? Another day at the office.
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So you're telling me that Handras swore to Destry to tell the truth... Blatantly lied... And there's proof?!?! If Destry had any balls he'd hold this A-hole in contempt!
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If anyone would do it it's Destry. He's not afraid to hold the state or defense to the fire so I doubt he's going to let this wing nut give the finger to everything America stands for. He's good for 5 more years anyway and he has a great name to boot even if he was worried about that kind of stuff. He's a veteran that fought for our country. I think he will lead by example and hand this jerk his head.
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I agree. The rest would bury it but I don't think Judge Destry will.
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No wonder Dewey is CONVINCED he is getting his job back. One can only hope that with it being an election year Robinson hopes to appease voters who are sick of HPD crap! Not holding breath though.
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I know many prosecutors and judges try and make a difference.
I also know many others know the police are lying a good portion of the time and they do nothing about it.
What kind of a society have we become?
It's not racism but it is class warfare. Where the lawyers, police and judges make a handsome living and the citizens stand no chance against the lies.
Why do so many prosecutors and judges go along with the lies?
This is truly disturbing where the truth often takes a back seat to going along to get along.
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I like the blonde chick with the big ones and the constant exposure of illegal police activity.
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THAT A WAY BRIAN !!! SLAM THOSE BROWARD BIMBOS THE WAY THEY DO HELPLESS CITIZENS FOR THE SAKE OF TV RATINGS!!
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Greenwald rocks the State every time!
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In-your-face 4th Amendment violations. Even on the POPS TV shows, the hammer is coming down and the door breached before anyone announces, 'SEARCH WARRANT! The only knock there is is when the door is being knocked down. I used to wonder, how, with this search being videoed, did the prosecution ever get past a motion to suppress? Then, when I would see that this is Broward County, the mystery was solved. Judges and Cops, and Prosecutors, who give a ratz ass about the constitution.
John McNamara
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Mr John Tyler spent over two years incarcerated. pending hearing..Nolle Pross = $$$$$
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Perhaps they were afflicted with Jay Bybee Spekir syndrome , Bernie Madoff Disorder or Sheldon Adelson Treason.
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