KY - Breonna Taylor, 26, unarmed, fatally shot multiple times by police, Louisville, 13 Mar 2020

[ivegotthemic]

Disregard this post if you want because I don't have a link. I read so many things & don't take notes. I read that an officers actions which are legal don't become illegal if he wasn't aware the warrant was obtained illegally.

no worries, and that is true. If police make a mistake in good faith that the information they had was true and a reasonable person it there situation would do so. However, if by a preponderance of the evidence, that affidavits used to obtain the warrant contained perjury by the affiant, or a “reckless disregard for the truth” by the affiant, the warrant will be invalidated Franks v. Delaware.

 

[Deleted member 267032]

"According to the affidavit Louisville Metro Police Detective Joshua Jaynes wrote for the search warrant" What We Know About Breonna Taylor’s Case and Death

You used the word they implying Mattingly & Jaynes affirmed with the postmaster that suspicioius packages were being received. My understanding is that Mattingly only confirmed packages were being sent. Only Jaynes said he confirmed "suspicious" packages were being sent with the postmaster. Your link is behind a paywall for me so please let me know if my take is right or if Mattingly claimed the postmaster said suspicious packages were being sent.

 

[ivegotthemic]

You used the word they implying Mattingly & Jaynes affirmed with the postmaster that suspicioius packages were being received. My understan

I just meant they as in LE in general.

 

[Deleted member 267032]

no worries, and that is true. If police make a mistake in good faith that the information they had was true and a reasonable person it there situation would do so. However, if by a preponderance of the evidence, that affidavits used to obtain the warrant contained perjury by the affiant, or a “reckless disregard for the truth” by the affiant, the warrant will be invalidated Franks v. Delaware.

My point was an action which is legal does't become illegal if the officer wasn't aware someone lied to obtain the warrant.

 

[ivegotthemic]

sorry the quote from the article is "
According to the affidavit Louisville Metro Police Detective Joshua Jaynes wrote for the search warrant, Glover used Taylor's apartment as his home address. Jaynes also wrote that he "verified through a U.S. postal inspector that Glover has been receiving packages" at Taylor's apartment.

The Courier Journal reported May 12 that a sworn affidavit from Jaynes said Glover was seen walking into Taylor's apartment one January afternoon and left with a "suspected USPS package in his right hand" then drove to a "known drug house" on Muhammad Ali Boulevard.

But Louisville's U.S. postal inspector, Tony Gooden, told WDRB News in May that a different agency (which he did not identify) had asked in January to look into whether Taylor's home was receiving suspicious mail. The office had concluded that it wasn't, Gooden said."

to me this implies LE was informed nothing suspicious was being delivered, but the warrant implies its likely drugs in the packages. I could be wrong though, is JMO

 

[ivegotthemic]

My point was an action which is legal does't become illegal if the officer wasn't aware someone lied to obtain the warrant.

Right and i agree, im saying the person willing out the warrant knew it was inaccurate prior to filling it out

 

[ivegotthemic]

somewhere in one of the articles it stated that LE reports after watching the house stated there was no drug trafficking going on

 

[sds71]

Right and i agree, im saying the person willing out the warrant knew it was inaccurate prior to filling it out

Do you think the Judge could be at fault for signing 5 cookie cutter warrants at once?

 

[RANCH]

I have a question.

If LE obtains legal search warrant for a home that list drugs as the items to look for and after the search is complete no drugs are found, does that mean LE broke a law of some kind?

Does the fact that the things listed in the search warrant were not found mean that the search warrant was illegal?

 

[ivegotthemic]

Do you think the Judge could be at fault for signing 5 cookie cutter warrants at once?

probably not, the just approved the warrants based on the sworn testimony of an officer of the law. He would have no reason to believe LE wouldn't intentionally lie to the court unless it was someone with a proven track record for doing so. Judicial reprimands are, in general, pretty rare

 

[ivegotthemic]

I have a question.

If LE obtains legal search warrant for a home that list drugs as the items to look for and after the search is complete no drugs are found, does that mean LE broke a law of some kind?

Does the fact that the things listed in the search warrant were not found mean that the search warrant was illegal?

i mean theres obviously nothing wrong with LE not finding evidence from a warrant thats been properly legally obtained

 

[Deleted member 267032]

I think the whole process of how the warrant was obtained is under scrutiny. It could just inolve sloppiness & laziness. As it turns out it was a big mistake. To late for BT but I hope the process is taken more seriously.

 

[RANCH]

I think the whole process of how the warrant was obtained is under scrutiny. It could just inolve sloppiness & laziness. As it turns out it was a big mistake. To late for BT but I hope the process is taken more seriously.

At this point I don't see a problem with the search warrant itself.

I do feel that the late night application of the warrant combined with a lack of knowledge of who was in the apartment made for an unnecessarily dangerous situation that ended an innocent woman's life. JMO

 

[ivegotthemic]

At this point I don't see a problem with the search warrant itself.

I do feel that the late night application of the warrant combined with a lack of knowledge of who was in the apartment made for an unnecessarily dangerous situation that ended an innocent woman's life. JMO

Hopefully, the release of the GJ testimony will shed more light on the events leading up to the warrant execution and we can get a definitive answer on some of these issues. Until then im happy to agree to disagree

 

[Dawookie]

I wonder if Mattingly was the "different law enforcement agency" that the postal inspector referred to.



Louisville postal inspector: No ‘packages of interest’ at slain EMT Breonna Taylor’s home

That's a good question if Mattingly was the other agency. It would also bring about more questions, one of which would be did he lie about being from a different agency. My personal feeling on the other law enforcement agency leans towards it's being state or federal seeing how Glover was wanted in Mississippi in a case involving drugs.

Jamarcus Glover: Breonna Taylor’s ex-boyfriend also wanted in Mississippi

If there was a belief he was trafficking across state lines that would bring in both State and Federal agencies

 

[RANCH]

What Is a Night Time Search Warrant?

To obtain a night-time search warrant, the police officer requesting the warrant must generally present proof to the judge that circumstances justify night-time execution. Generally, judges issue night-time search warrants for two reasons. The first is that daytime execution may compromise officer safety whereas night-time execution would not. The second is that if the search commences in the daytime, there's a significant chance that those on the premises may attempt to destroy the evidence before police can locate it.

I have a feeling that LE in this case used the second reasoning to justify the night time execution. LE may need to reevaluate when to use late night search warrant's using this criteria.

The trade off between officer and others safety vs the collection of evidence could be a deciding factor.

What Is a Night Time Search Warrant?

 

[RANCH]

What hearsay? The warrant stated he had picked up a package at the apartment. It did not say they knew what was in it. It did say "experience tells us". Jmo

Also, you cannot just walk up to a mail carrier (postman) and they investigate a package. You have to contact a postal inspector.

There's more to the story. The USPS cannot open your mail or parcels without first obtaining a search warrant. That means they need probable cause.

Can Postal Inspectors open mail if they feel it may contain something illegal?

First-Class letters and parcels are protected against search and seizure under the Fourth Amendment to the Constitution, and, as such, cannot be opened without a search warrant. If there is probable cause to believe the contents of a First-Class letter or parcel violate federal law, Postal Inspectors can obtain a search warrant to open the mail piece.

https://www.uspis.gov/wp-content/uploads/2019/05/USPIS-FAQs.pdf

 

[Kimmer]

There's more to the story. The USPS cannot open your mail or parcels without first obtaining a search warrant. That means they need probable cause.

Can Postal Inspectors open mail if they feel it may contain something illegal?



https://www.uspis.gov/wp-content/uploads/2019/05/USPIS-FAQs.pdf

Who says there wasn't a warrant for the inspector General.

 

[sds71]

Breonna Taylor grand jury records will offer a rare glimpse into a secret, distrusted system

 

[CSIDreamer]

Who says there wasn't a warrant for the inspector General.

Why would there be a warrant for an inspector General? Jmo