1271 Marietta Blvd NW
Atlanta, GA 30318
How would you handle a raid?
Thursday, July 25, 2024 12:39 AM
Given the LE heat this place is getting, how would you react if you were in the club or VIP when the cops came in. I guess you'd have enough advanced warning to get out of the VIP area. Then you'd be all clear.
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15 comments
I wouldn't try to escape because most likely there are a couple of cops outside keepin watch.
If the police arrive to "raid" the place there must be a reason. They must have "warranted" their searches and seizures, either through a document signed by a judge (actually: "neutral and detached magistrate") or through one of the allowed exceptions from case-law etc.. So, in specific, they must believe (reasonably) that there is crime going on.
What crime? If it's suspicion of drugs being distributed, sold, used, then, why must customers be detained? Well, obviously, to search them for illegal drugs. If it's suspicion of something else, why must customers be detained? Because ... blankety blank again. It depends on what crime(s) they're suspecting. The crime must be specific and some evidence must be articulated. Can't be just "he looked suspicious." It has to be, "he looked like he was selling drugs" (specific crime) "because he was trying to hide plastic baggies of a grass-type substance" (specific evidence). More likely it won't be what they saw on the night; the evidence will be, "we have reason to believe that this goes on in that location."
Further, I'm wondering whether it's cricket for them to automatically suspect EVERY person in the premises. Can they just have a warranted suspicion that, f.e., if you're within 400 yards of a school, you're a child molester? No, of course not. Not sure where the Constitutional Criminal Procedure law draws the line on raiding nightclubs etc.. Is everyone in the place under suspicion, and is that suspicion reasonable?
Just some thoughts?
I can’t address the release of scanned id information to the press, not my field. I can say that if the info is lawfully seized pursuant to warrant it will be admissible as evidence in a subsequent proceeding. But if things ever got that far hopefully you have competent counsel (not a random guy on TUSCL).
Their search warrant can cover the premises, staff and ownership, but not random customers. Searching people who are lawfully present, because someone might be committing a crime isn't constitutional. The most they can do is a pat/frisk for weapons to ensure their safety, so you're more likely to get a more detailed search if you have a dildo in your pocket, as opposed to an 8-ball in folded paper.
Search laws here are more restrictive than pretty much anywhere. Ex: Stopped for o.u.i.l. blow a .24, get arrested. They search your console and find an ounce of crack. The criminal complaint would end up nol prosequi because the evidence would be inadmissible. Why? In Massachusetts the only lawful search incident to an arrest is confined to areas where evidence related to the crime could be found. Court's have already ruled that the idea you're looking for alcohol in a console is ridiculous.
Example: After 6 mos. of surveillance D.E.A., Mass. State Police and town police, acting on tips and surveillance, execute a search warrant (10 cars, 18 cops) on my client's residence. 19 bags of .....weed, not cocaine. 19 bags all 1/4 ounce. $760.00 worth of weed retail lol. D.E.A. disappears, State Police disappear, town police tell ada they don't want to come to court. Case dismissed.