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Yet Another Search Warrant Situation

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Cenedril_Gildinaur
Post subject: Yet Another Search Warrant Situation
Posted: Mon 10 Apr , 2006 2:12 am
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On October 2, a "task force" composed of L.A. County sheriff's deputies, DEA agents, the California National Guard, NASA's Jet Propultion Labratory, and U.S. Park Service officers executed a search warrant -- crossing Los Angeles County lines into Ventura County (without notifying Ventura County police) -- on a private estate.

The search warrant was based on information from an informant that marijuana was growing on the 250 acre estate, a piece of land coveted by the government. DEA agents planned to use this to seize the estate, which federal officials had earlier tried to buy to incorporate into its scenic corridor in the Santa Monica Mountains. "But he would never negotiate with government officials, whom he distrusted," according to the Los Angeles Times.

The task force arrived at the estate before 9 a.m.. They crashed through the door and pushed the wife through the kitchen into the living room. She screamed "Don't shoot me! Don't kill me!", apparently awakening her husband, who came downstairs brandishing a gun over his head. According to the wife, the officers told him to lower the gun, and, as he lowered his arm, they shot him to death. They left him lying in a pool of blood on the floor as they searched the premises, finding no trace of marijuana anywhere on the estate.

Later, the lead agent in the case, sheriff's deputy Gary Spencer and his partner John Cater posed for photographs arm-in-am outside Scott's cabin, smiling and triumphant.

When the wife ran to the body, they "hustled her out of the house." Recorded phone conversations show that while the dead or dying man lay in a pool of his own blood, police used the phone to make calls, and answered a call from one of his neighbors, telling the neighbor he was "busy."

Several weeks before the raid -- according to a Malibu Surfside News reporter -- a game warden and a California Coastal Commission employee paid a visit to the the land owners, bringing with them a six-pack of beer. During the visit, they asked for a tour of the Chumash Indian trails on the property, which the he refused because of rattlesnakes. His widow, believes the visit was connected to the investigation leading to the raid - particularly since U.S. Park Service agents -- who had an obvious interest in obtaining the property -- participated in the raid.

Part of the allure of the estate is its repute as an archaeological site of the Chumash Indians -- a fact not missed by the forfeiture squads, who seized old maps and other historical documents relating to the property, during the fatal October 2 raid, according to the wife.

The report of the Ventura County District Attorney, Michael Bradbury, concluded that the police lied to obtain the search warrant, that there had never been any marijuana cultivation on the property, and that the raid was motivated by a desire to forfeit the multi-million dollar ranch. Despite the DA's dramatic conclusions, no officer was ever indicted, or even lightly disciplined for the lies or the killing.

_________________

It is a myth that coercion is necessary in order to force people to get along together, but it is a persistent myth because it feeds a desire many people have. That desire is to be able to justify hurting people who have done nothing other than offend them in some way.

Last edited by Cenedril_Gildinaur on Tue Feb 30, 2026 13:61 am; edited 426 times in total


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Feredir
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Posted: Mon 10 Apr , 2006 4:25 pm
 
 
c_g, do you have any other information on this besides the newspaper? I would venture to say that this is not the entire story and if it is recent, charges may be pending the outcome of the investigation.

feredir


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The Watcher
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Posted: Mon 10 Apr , 2006 4:57 pm
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This is a case that goes back to 1992-1993, and a more unbiased link can be found here.

http://www.csmonitor.com/cgi-bin/getasc ... y01/01061.

In any case, Donald Scott was shot dead in this case without the warrant that had been issued for search of his property EVER finding any of the alleged activities taking place.

Here is a 1996 update, where one of the LA county deputies responsible for the botched search warrant and death of Donald Scott tried to sue the Ventura County DA for libel and the case was thrown out.

http://www.ndsn.org/dec96/deputy.html

ETA: I did find out this about Scott's widow, nothing more, since it seems that it was all settled out of court.
Quote:
Scott’s widow subsequently filed a $100 million wrongful death suit against the county and federal government. For eight years the case dragged on, until attorneys for Los Angeles County and the federal government finally agreed to settle with Scott’s heirs and estate.

_________________

Scientists tell us that the fastest animal on earth, with a top speed of 120 miles per second, is a cow that has been dropped from a helicopter.

Never under any circumstances take a sleeping pill and a laxative on the same night.

- Dave Barry


Glaciers melting in the dead of night and the superstars sucked into the supermassive...
Supermassive Black Hole.

- Muse


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Feredir
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Posted: Mon 10 Apr , 2006 6:51 pm
 
 
Based on the newspaper article (which I don't hold as completely unbiased) I would have to say bad search, bad grounds, and held accountable by reason of the lawsuit. I cannot comment on whether charges in the shooting should be filed because I don't have enough of the facts.

The large amount of the sttlement would indicate that a USC 1983 case was filed and won (by reason of settlement).

feredir


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Lidless
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Posted: Mon 10 Apr , 2006 8:23 pm
Als u het leven te ernstig neemt, mist u de betekenis.
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Maybe they were practicing for Iraq.

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Voronwë_the_Faithful
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Posted: Tue 11 Apr , 2006 6:35 am
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I hope no one will mind me posting this link here, but I thought the folks participating in this discussion might find it interesting. This is a description of an appearance that I made in the Ninth Circuit of the U.S. Court of Appeals this past Friday in a false arrest civil suit alleging violation of the Fourth Amendment under the federal civil rights statute 29 U.S.C. § 1983 (just as the case being discussed here is).

http://www.thehalloffire.net/forum/viewtopic.php?t=298


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Feredir
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Posted: Tue 11 Apr , 2006 4:17 pm
 
 
veronwe, I was unable to post on the actual report you gave so I'll put it here. Congrats on a true milestone in any attorney's life. I hope the truth prevails, no matter whose side it is one.

feredir


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Voronwë_the_Faithful
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Posted: Tue 11 Apr , 2006 7:05 pm
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Thank you, Feredir. I appreciate that. It was certainly quite an experience. Who knows, perhaps the Supreme Court will grant certiaoriari and I'll get to get argue in D.C. Not very likely, though.

And you're certainly more then welcome to register over at the Hall of Fire. Your input there would be greatly appreciated, and many folks post both here and there.


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The Watcher
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Posted: Tue 11 Apr , 2006 7:56 pm
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Voronwë_the_Faithful wrote:
Thank you, Feredir. I appreciate that. It was certainly quite an experience. Who knows, perhaps the Supreme Court will grant certiaoriari and I'll get to get argue in D.C. Not very likely, though.

And you're certainly more then welcome to register over at the Hall of Fire. Your input there would be greatly appreciated, and many folks post both here and there.
Good Luck, V. Is it likely, in your opinion, that your client WILL get any damages? It sounds from the surface of it that while he was treated terribly, he did not truly suffer, except for the out of pocket costs and the embarrassment and hassles of not getting to the airport.

I mean, with all of the costs that he has incurred to date, will it have been worth his time? He must be pretty hot about it to take it this far.

(By NO means am I condoning the police actions here, I am being more pragmatic.)

And, just so you know, Fergir, we most certainly do not dislike nor distrust police officers on these boards for the most parts, it is merely that many of us have seen, unfortunately, the bad sides that all too often occur along with the much more common and unpraised good that most such people DO do.

Unfortunately for me, it seems to be one of those situations where certain individuals opt for certain jobs more for the power and prestige and control it gives them over others, and not the sincere desire to do a great job protecting their communities. I could tell you horror stories about things I have seen or know about, including my own second cousin who was fired and prosecuted for abusing his police position on the job - quite the black sheep he became for awhile. Do not even get me started on what transpires in the larger cities, while it is hard to always believe what the media gloms onto and turns into a field day, all too often, the stories are true. :(

_________________

Scientists tell us that the fastest animal on earth, with a top speed of 120 miles per second, is a cow that has been dropped from a helicopter.

Never under any circumstances take a sleeping pill and a laxative on the same night.

- Dave Barry


Glaciers melting in the dead of night and the superstars sucked into the supermassive...
Supermassive Black Hole.

- Muse


[ img ]


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Voronwë_the_Faithful
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Posted: Tue 11 Apr , 2006 8:06 pm
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Watcher, he has suffered from Post Traumatic Stress Disorder as a result of this incident, particularly from being paraded through the hospital emergency room in handcuffs (which was much more embarrassing then simply being brought to the jail).

And Feregir, let me also say that my experience has been that the great majority of law enforcement officers do take their responsibility to protect and serve the public very seriously and are deserving of the utmost respect and gratitude for their services and the risks that they (you) expose themselves to. But at the same time they (you) have a tremendous amount of power and I do believe that it is very important to guard against abuses of that power.


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The Watcher
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Posted: Tue 11 Apr , 2006 8:50 pm
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ACKKK!

I hate the "try to edit my post" thingy here on phpbber boards when I am not logged in to begin with.....

Some of you will know of what I complain about.

:blackeye:

Very well, carry on, no need to pay any attention here....

Last edited by The Watcher on Tue 11 Apr , 2006 11:54 pm, edited 1 time in total.

_________________

Scientists tell us that the fastest animal on earth, with a top speed of 120 miles per second, is a cow that has been dropped from a helicopter.

Never under any circumstances take a sleeping pill and a laxative on the same night.

- Dave Barry


Glaciers melting in the dead of night and the superstars sucked into the supermassive...
Supermassive Black Hole.

- Muse


[ img ]


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Feredir
Post subject:
Posted: Tue 11 Apr , 2006 8:58 pm
 
 
v and tw, thank you for the kind words. I do agree with what both of you said about the some officers. Trust me, it's something that I battle pretty much everyday. I cringe every time I see/hear of an officer do something stupid. I try not to pass judgement until I hear the entire story but sometimes it's difficult (like the shooting of the Airman). I have seen too many officers get burned by the press just wanting a story.

On the other side, I've seen too many officers get away with things that they would get fired for at my department. As I've said before, power can corrupt, very easily. I thank God that he has kept me in check and given me a department that balances peoples rights with the pursuit of justice.

v, (if you are at liberty to answer this) What's the dollar amount that he is seeking? One of my jobs is in risk management and it would help me to know.

I will have to get Lalaith the help me register over there, I'm just a lost sheep when it comes to some things.

feredir


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Voronwë_the_Faithful
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Posted: Tue 11 Apr , 2006 9:56 pm
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Feredir, that's a hard question to answer, because from the beginning the City has refused to engage in any settlement negotiations whatsoever. Suffice it to say, in a case like this, with fairly limited harm, I would have strongly encouraged him to accept a modest settlement.


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Cenedril_Gildinaur
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Posted: Wed 12 Apr , 2006 1:01 am
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The county settled on the condition that the widow drop the suit and never refile.

The officer was investigated, but nothing came of it. Apparently murder (for that's what it really was) in the process of executing a warrant obtained through phony information isn't a penalty.

_________________

It is a myth that coercion is necessary in order to force people to get along together, but it is a persistent myth because it feeds a desire many people have. That desire is to be able to justify hurting people who have done nothing other than offend them in some way.

Last edited by Cenedril_Gildinaur on Tue Feb 30, 2026 13:61 am; edited 426 times in total


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The Watcher
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Posted: Wed 12 Apr , 2006 3:45 am
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Cenedril_Gildinaur wrote:
The county settled on the condition that the widow drop the suit and never refile.

The officer was investigated, but nothing came of it. Apparently murder (for that's what it really was) in the process of executing a warrant obtained through phony information isn't a penalty.
CG -

In this particular case, I agree with you 100%. What I found most disturbing was the fact that the deputy here (Spencer) felt so empowered that he had the gall to file a lawsuit for libel against the Ventura County DA for disagreeing with his stance and damaging "his character." There was never a shred of evidence that supported Spencer at all.

IMO, Spencer should have been prosecuted at the very least for homicide.

I never could find out what happened to Spencer, nor Cater. I seriously hope that they have been blackballed from any type of job that involves them holding gun permits or acting on behalf of any law enforcement agency, I suspect that nothing was EVER done against either of them.

_________________

Scientists tell us that the fastest animal on earth, with a top speed of 120 miles per second, is a cow that has been dropped from a helicopter.

Never under any circumstances take a sleeping pill and a laxative on the same night.

- Dave Barry


Glaciers melting in the dead of night and the superstars sucked into the supermassive...
Supermassive Black Hole.

- Muse


[ img ]


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Feredir
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Posted: Wed 12 Apr , 2006 11:52 am
 
 
The stipulation that one can never file is always in a settlement.

freddy


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Cenedril_Gildinaur
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Posted: Thu 13 Apr , 2006 3:08 am
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And it is the one stipulation that should be the first violated.

There was a case in Mass. The state discovered - oh my goodness - that a person was innocent. After 10+ years in jail. They discovered that the DA supressed the evidence during the trial, 10+ years ago.

They offered to share the evidence with the inmate on the condition that he not sue.

Well, he made the deal. Once out, he violated the deal and sued. I think he won. Good for him.

_________________

It is a myth that coercion is necessary in order to force people to get along together, but it is a persistent myth because it feeds a desire many people have. That desire is to be able to justify hurting people who have done nothing other than offend them in some way.

Last edited by Cenedril_Gildinaur on Tue Feb 30, 2026 13:61 am; edited 426 times in total


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Feredir
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Posted: Thu 13 Apr , 2006 12:29 pm
 
 
DA screws up then they should pay. All evidence should be provided whether it helps or hurts your case.

If I were a betting man, I would wager on the fact that the settlement was at least 1/2 of the asking price.

feredir


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Cenedril_Gildinaur
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Posted: Fri 14 Apr , 2006 1:10 am
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The problem is - the DA doesn't pay.

He gets to count one more on his tally of convictions. That it's later overturned doesn't change the tally. That he ruined an innocent man's life doesn't change the tally. That the city, county, or state later pays millions doesn't change the tally. His tally goes up so he gets a raise and a promotion, and later runs for judge on his "tough on crime" stance.

DAs aren't held responsible for their actions. Cops sometimes. DAs never.

_________________

It is a myth that coercion is necessary in order to force people to get along together, but it is a persistent myth because it feeds a desire many people have. That desire is to be able to justify hurting people who have done nothing other than offend them in some way.

Last edited by Cenedril_Gildinaur on Tue Feb 30, 2026 13:61 am; edited 426 times in total


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