Search and Seizure

Drug Raids: Las Vegas Narc Serving Marijuana Search Warrant Kills Father-to-Be In His Own Bathroom A 21-year-old father-to-be was killed last Friday night by a Las Vegas Police Department narcotics officer serving a search warrant for marijuana. Trevon Cole was shot once in the bathroom of his apartment after he made what police described as "a furtive movement." Police have said Cole was not armed. Police said Monday they recovered an unspecified amount of marijuana and a set of digital scales. A person identifying herself as Cole's fiancée, Sequoia Pearce, in the comments section in the article linked to above said no drugs were found. Pearce, who is nine months pregnant, shared the apartment with Cole and was present during the raid. "I was coming out, and they told me to get on the floor. I heard a gunshot and was trying to see what was happening and where they had shot him," Pearce told KTNV-TV. According to police, they arrived at about 9 p.m. Friday evening at the Mirabella Apartments on East Bonanza Road, and detectives knocked and announced their presence. Receiving no response, detectives knocked the door down and entered the apartment. They found Pearce hiding in a bedroom closet and took her into custody. They then tried to enter a bathroom where Cole was hiding. He made "a furtive movement" toward a detective, who fired a single shot, killing Cole. "It was during the course of a warrant and as you all know, narcotics warrants are all high-risk warrants," Capt. Patrick Neville of Metro's Robbery-Homicide Bureau said Friday night. But a person identifying himself as Pearce's brother, who said he had spoken with his sister, had a different version of events: "The police bust in the door, with guns drawn to my little sister and her now deceased boyfriend," he wrote. "My sister is 8 ½ months pregnant, two weeks until the due date. But they bust in the door, irritated they didn't find any weapons or drugs, drag this young man into the restroom to interrogate him and two minutes later my sister hears a shot. They shot him with a shotgun, no weapon. For what? My sister is a baby, this young man is a baby, now my sister is at his house telling his mom her son is dead, and he is barely 21." Pearce herself told the Las Vegas Review-Journal Monday that police forced her to kneel at gunpoint in the bedroom and that she could see Cole in the bathroom from the reflection of a mirror. According to Cole, police ordered Cole to get on the ground, he raised his hands and said "Alright, alright," and a shot rang out. According to Pearce and family members, Cole had no criminal record, had achieved an Associate of Arts degree, and was working as an insurance adjustor while working on a political science degree at the University of Nevada-Las Vegas. He was not a drug dealer, Pearce said. "Trevon was a recreational smoker. He smoked weed, marijuana. That’s what he did," she told KTNV-TV. "They didn't have to kill him. We were supposed to get married next year, plan a black and white affair,” she said. "He was all I ever knew, we were gonna make it." LVPD Monday identified the police shooter as narcotics detective Bryan Yant, a 10-year veteran of the force. This is the third time Yant has controversially used his police firearm. In 2002, he shot and killed a robbery suspect, claiming the suspect, who was on the ground, aimed a weapon at him. But although the suspect's gun was found 35 feet away, a jury took only half an hour to find the shooting justified. The following year, he shot and wounded a man armed with a knife and a baseball ball who had been hired to kill a dog that had killed another neighborhood dog. Yants claimed the man attacked him and that he mistook the bat for a shotgun, but the man said he was running away from Yants when Yants fired repeatedly, striking him once in the hip. Because there was no death in that case, no inquest was held, but the department's use of force board exonerated Yants. Yants is on paid administrative leave while the department investigates. The family has hired an attorney to pursue a civil action. And another American has apparently been killed for no good reason in the name of the war on drugs. "Narcotics warrants are high risk warrants," said Capt. Neville. The question is for whom, and the answer is obvious: The people on the receiving end of them. The police? Not so much, as we have shown in our annual surveys of police casualties in the drug war.

Police Chief Ken Burton in Columbia, MO took a lot of heat over that brutal SWAT raid in which two dogs were shot in front of a small child. Then, he surprised and impressed all of us by expressing his support for marijuana legalization in order to prevent such outrages in the future. Here's some more evidence that Chief Burton truly cares about protecting the public from police abuse:

In the wake of reports showing disproportionate traffic stops of black motorists in Missouri urban areas, Columbia police statistics were released showing more balance here. The proportion of black detainees is lower than in 2007, the peak year.

Columbia police find no reason to change their procedures, which they believe with good reason are not producing improper actions against racial minorities, but they have taken a good pre-emptive step by creating a video intended to inform citizens of their rights when confronted with police during a traffic stop or other questioning incidents.

Titled "Ten Rules for Dealing with the Police," the video recently was shown by Chief Ken Burton to gatherings of the Missouri Association for Social Welfare and the Columbia chapter of the National Association for the Advancement of Colored People. [Columbia Tribune]

Of course, the video was actually created by Flex Your Rights, not the Columbia Police Department. But it's fantastic to see law enforcement embracing our materials. Hopefully the positive press their efforts have generated will inspire other police departments to do the same.

Two teachers in Norfolk, VA were suspended this week after showing BUSTED to a 12th grade government class. Apparently, Americans are supposed to remain ignorant about their basic constitutional rights, so we can keep arresting them at record rates every year.

You can read my thoughts on the matter at the Flex Your Rights blog.