73 votes

Here's How The Obama Administration Defended DEA Agents Who Put A Gun To A Little Girl's Head

Mike Riggs | Reason | Jun. 19, 2012

The Ninth Circuit Court of Appeals ruled last week that the DEA’s use of force against the 11-year-old and 14-year-old daughters of Thomas and Rosalie Avina--which included putting a gun to the youngest girl's head--was “excessive,” “unreasonable,” and constituted “intentional infliction of emotional distress.”

Attorneys for the Obama administration defended the raid, and Reason has obtained the brief the DOJ filed to the Ninth Circuit. In it, the Obama administration argues that “the DEA agents’ conduct was plainly reasonable under the circumstances.”

After subduing their parents, agents broke into the two girls’ bedrooms during a wrong-door raid in January, 2007. The oldest of the two girls dropped to the floor and was handcuffed by agents before being dragged into the living room and laid next to her mom and dad. The 11-year-old, however, was sleeping when agents came into her room. As they began to shout at her to “get on the fucking ground,” the girl woke up and “froze in fear.” Agents then dragged her from her bed to the floor. One agent handcuffed her while another aimed a gun at her head.

Citing Muehler v. Mena, the unanimous 2005 Supreme Court decision that established the right of law enforcement agents to detain residents during a raid for an unspecified amount of time—Iris Mena and several of her tenants were handcuffed and left in a garage for three hours while federal agents ransacked her home looking for evidence to use against a suspected gang member boarding with Mena—the Obama administration argued to the Ninth Circuit that the DEA agents were acting within the law when they handcuffed the entire Avina family.

The Obama administration’s argument is based on the agents’ belief that the home they were preparing to raid on January 20, 2007, belonged to suspected drug trafficker Louis Alvarez, who “had a history of violence and resisting arrest.” The agents anticipated that Alvarez would be armed, and that the only way they could safely arrest him would be with an early morning raid. While agents would later learn that they had the wrong house, they didn’t know that when they battered down the Avinas’ front door, guns ready.

continued: http://reason.com/blog/2012/06/19/obama-administration-defen...




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programming

i think the problem is essentially one of poor quality system design and programming.

DEA Robots need to have their programming redesigned so that one of a number of intimidation routines can be activated according to the type of victim. At the moment it's one intimidation routine suits all.

Big Pharma,

This is our tax dollars at work!
Fascist tactics to enslave the citizens using there own money.
AMA,FDA,DEA all are in the gang of criminals.

NOSHEEPLE

What else would you expect in

What else would you expect in a police state?

Bob Marshall

This gone WAY to far

End the war on drugs and this will NO longer be a problem! The war on drugs has caused WAY more problems then the drugs themselves!

The

rage I feel when I read these type of events brings tears to my eyes. I can only imagine what would happen to me and my family in this situation where my bedroom is upstairs and my AK47 under my bed. We would all be killed. And what would be my other option? If I hear a break in, wait to see who it is before bringing my gun? God this country is lost.

"Endless money forms the sinews of war." - Cicero, www.freedomshift.blogspot.com

Charge them with b&e

Why not bring up charges on these people who acted as agents for breaking and entering, assault, kidnapping, illegal use of a deadly weapon, on and on and on. Did they not commit a crime against these peoe?

The founders would be ashamed at us for what we are putting up with.

It's getting harder and

It's getting harder and harder to know the difference between the good guys and the bad guys. When the "good guys" aka the police act like the thugs or worse than the thugs then I fear our society is lost already.
How can one respect the DOJ when all sense of justice which is universal with right and wrong, no longer exists in our courts. To suggest that this thug raid was done in error and therefore is excusable is in itself a deplorable reflection of our destroyed moral compass and a corrupted view of justice.

Wagers on whether this will make the evening news

Or the pro-gun advocates in the mainstream picking this up for ammo?

Don't hold your breathe.

Our perceived allies are even working against liberty.

Now the Lord is that Spirit: and where the Spirit of the Lord is, there is liberty.
www.yaliberty.org - Young Americans for Liberty
www.ivaw.org/operation-recovery - Stop Deploying Traumatized Troops

No, the girls obviously

No, the girls obviously deserved it. DEA is never wrong.

/sarc

We live in a sick country quickly approaching China/North Korea status.

Southern Agrarian

Hell is empty

"Hell is empty, and all the Devils are here".
(Shakespeare.The tempest.)

"Hell is empty, and all the devils are here" (Shakespeare)
RP 2012~ Intellectual Revolution.

Perfect Example as to why GOVERNMENT needs to be disarmed

Seriously! All government seems to be is a hired thug organization. I personally don't approve of it...

I can imagine the requirements for employment to work for such an outstanding organization.. Here's how a hiring sheet would look:

1) Must be able to disregard the rights of others..... Check

2) Must feel the need to always apply unnecessary force always... Check

3) Must act like a thug (thug type background recommended) Check

4) Must not care about the lives of others except your fellow thugs.. Check

5) Must be as harmful as possible to life, liberty and property.. Check

6) Must be willing to use force against innocent helpless kids.. Check

7) Must be dehumanized of all care, compassion and love for others... Check Check Check

So all in all, these pieces of S H I T need to have the same thing happen to them and their families! Because THEY desperately need a taste of their own medicine...

So while government pushes disarmament gun free zones, Government will NEVER disarm and always have armed security. So you tell me, who are the real P U S S I E S ? ? ? ! ! ! ! Looks like government is trying to get rid of its competition by disarming the law abiding and maintaining the use of force all for itself.

And, this stupid dumb war on drugs... this is the type of violence it generates from government..... Get rid of this war on drugs... Maybe government will make a war against itself and self destruct... now that would be preferred. Have them destroy themselves without the need for one honest Citizen to interfere with their own self destruction!

Love Liberty, be Vigilant

"Now the Lord is that Spirit: and where the Spirit of the Lord is, there is liberty" (2 Corinthians 3:17)

Faith in God will prevail all things!

The Hired Goons

strike again. No big surprise.

skippy

....

Bump

donvino

Wrong house?

They should have all been slaughtered.

Okay...

...and who should ban what from who!!!???

All I can say...

ToIs wow. I checked out all the links and researched this a bit. Scary timrs we are living in. And some folks are so blind to it...they think our govt could never spiral into tyranny. Not to mention realizing it already has begun a downhill slide into it.

We're ruled by the terrorists......

No need to have a war on terror, the terrorists already rule over us.

.

Every need. Just no need for ships to take anyone but refugees overseas.

basing actions on precedent

basing actions on precedent is lazy and immoral.

even though the precedent of injustice was there, the people who were against slavery or jim crow laws weren't discouraged from stopping what they felt was wrong.

I do not know about God or angels

but I'm pretty damn sure what the Devil looks like.
This is beyond despicable.

This is the article that got my posting privileges revoked:
http://bklim.newsvine.com/_news/2013/05/12/18212165-dr-stan-...

occupyed

Just like occupy PALESTINE ,iraq and Afghanistan according to boots on the ground " Israeli soldiers breaking the silence "AND IVAW

War on Drugs strikes again!

All these wars need to end.
How can ANY agent put a gun to a child's head? Then they wonder why there are mass shootings at schools. If the government can threaten and kill children with guns and drones, then there's no moral compass from the government to prevent anyone from doing the same.
Having a badge doesn't make one God.

If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
James Madison

Tax dollars at work and a President who can't administer jack!

What a waste. These goofballs all need to be fired. What a waste of time and money. These kids deserve a formal in-person apology from Obama and much much more.

blood boils

Nightmare..if that happened to my family these criminals would pay in blood.

These scumbags

are absolute demons. And some "conservative" pundits (ie. Ben Shapiro) are too intimidated to admit the US government is on the verge of becoming completely tyrannical- thats just pathetic

Visit https://soundcloud.com/politics-of-freedom for all recent Ron Paul interviews, speeches, debates, forums, panels, press conferences, news coverage, and Texas Straight Talk updates!

"Terrorism is the war of the poor, while war is the terrorism of

We have

the PD, SD, FBI, CIA, DEA, ATF, DHS, NSA... why can't these Jack Wagons get an address right?

When a true genius appears in the world, you may know him by this sign: that the dunces are all in confederacy against him. ~J. Swift

Why would they care what address they hit?

These taxfeeders are not held accountable for their crimes so why would they care who they hurt. These people join those agencies so they can hurt people and get paid well for it.

ytc's picture

Sloppy targeting for drone-killings and

"wrong-door raids" in our own neighborhoods. If they miss, they get to try again, doubling the size of the deadly secretive imperial missions.

No wonder we have to keep on increasing the Dept of Offense budget every year. . .

This is the reason many Americans will begin shooting back.

The British treated us better and with more respect in 1776 than our own United States government shows us today.

There is no law or respect for law as demonstrated by these agents and their current commander and chief.

Meanwhile this same Federal Agency is trafficking in guns to the same Mexican drug cartels and falsely blaming US gun stores and gun owners for their war crimes.

It will not be long before enough Americans realize that our own government is now exceedingly more deceptive and oppressive than the British king ever was.

The Declaration of Independence already gives us both the legal and the moral authority to act.

.