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...

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

No surprise

To Obama and those who share his views, aggressive assault and violence is a problem only when non-government agents do it. When people in government garb do it, no problem, in fact, it is to be defended.

They are so deluded by their religious devotion to statism, that they cannot see their blatant hypocrisy.

_________________________________

Freedom - Peace - Prosperity

Disgusting.

: Same thing done to organic farmers and those selling raw milk. Looked like something out of a Nazi Germany movie, big jackbooted thugs in swat team gear with big guns pushing unarmed family members and children around. Where is Obama defending the children?
Only if it serves his political agenda.

Shame on them. All about fear and control. The police state.

Oh how right you are!

They are coming for your milk...with riot gear and automatic weapons. It's like we are living in the twilight zone. What's it gonna take to wake people up???

there are no oathkeepers in the dea

only tyrants and oath-breakers.

Official Daily Paul BTC address: 16oZXSGAcDrSbZeBnSu84w5UWwbLtZsBms
#standwithrand

Duh, it's the wrong house, oh well....

Brain washed, domed down, remade into a thoughtless robot. How else could the tactics employed to subdue a resisting and armed criminal be, without hesitation, so employed on a little(HELPLESS!)girl? Is there a way out? State and local government disallowing federal raids, by law, may be the only way. Just like the 2nd Amendment, life liberty and the pursuit of happiness shall not be violated. What's happening now with firearm confiscation resistance, needs to spread here too.

Okay, so where is Obombya's

Okay, so where is Obombya's crocodile tears for these little innocent girls who were traumatized and abused by scary thugs?

Thanks for posting

Too bad the Obamatrons are incapable of digesting facts like this.

Sick...

Just sick.

Another term for preventive war is aggressive war- starting wars because someday somebody might do something to us. That is not part of the American tradition.
-Ron Paul