posted on Nov, 19 2011 @ 04:25 PM
There are a few things wrong with this story.
#1. A single X-Box video game (stolen or not) is not enough to get a warrant by itself to search and entire home. A Stolen X-Box amount to nothing
more than theft. As most of us should know, theft can be a tricky subject at times. Each State is different so I decided to look up the theft laws
In the State of Iowa the penalties for Theft are like most States in the US. where the degree of Theft is decided primarily by the worth of the
item(s). 5th degree Theft in Iowa is a simple misdemeanor and is defined as any Theft involving the value of $200.00 or less. 4th degree Theft
involves values of $200-$500 and is considered a serious misdemeanor. If the value is between $500 and $1000 it is considered 3rd degree Theft and it
is an aggravated misdemeanor. A value of $1000 but less than $10,000 is 2nd degree Theft and is a Class D Felony and anything exceeding $10,000 is 1st
Degree Theft and is a Class C Felony.
Right now at just about any store in the US you can buy the new X-Box Kinetic for around $299.00 and if you want to buy the "sports bundle" or the
"holiday dance bundle" the value goes up to $399.00. Even at it's highest price this is still a 4th degree Theft in the State of Iowa or a
"serious misdemeanor". This alone should not be enough to get a warrant.
#2. The warrant also makes mention of not only an X-Box but of "legal and illegal drugs". Now I have a few issues with this. First of all, legal
drugs are just that. LEGAL. Why would you need a search warrant to search for something that the home owner is within his rights to have and obtained
through legal methods? That makes no sense at all.. unless these people are suspected of selling these legal drugs illegally. Now this is a big issue
in the US. There is no shortage of people who legally obtain anti depressants or pain medication and sell them. As an example, a person can legally
obtain a prescription for Loritab. This would normally cost you around $25.00 to $35.00 for a bottle of about 30-40 pills which people then turn
around and sell for $5.00 each. This would give you around $115.00 for a bottle and anyone who can do math can see just how much profit that is.
However, even to obtain a warrant for this purpose you would need a witness making an accusation that this is happening. Much like a crack house.
Police know where the crack houses are.. but they can not just raid the home without having some type of evidence. Most of us know what type of
evidence is needed. This is why police use informants and make undercover buys. To gather evidence showing the sale of drugs from a home. That is what
they use to obtain a warrant to raid and there is nothing in the article to suggest that any of this actually happened.
Much can be said for the "illegal drugs" listed in the warrant as well. What evidence was given to the judge in order to obtain the warrant? Again,
no mention of this in the article.. or is there? At the end of the video the newscaster mentions prior legal issues with this family. The Father had
previously been charged with possession of Meth and the son has been arrested for assault. However, you can not obtain a warrant based solely on what
you did in the past. Again, you would need to show the judge probable cause to suspect that drugs are on the site and again, nothing in the article or
video suggest that this was the case.
Based solely on what is listed in this article I am of the impression that police suspected the young man had stolen the X-box and in order to obtain
a warrant they used the Father's previous legal history with drugs as the excuse. However, police can not get warrants for past behavior, they had to
present some type of evidence that drugs were on site. So these police either lied to a judge in order to get a warrant or the judge did not follow
the law himself and gave police the benefit of the doubt and issued the warrant. In any event, either the police or the judge or both at the very
minimum are guilty of Judicial Misconduct.
The shooting of the dog concerns me. On one hand, I understand the concept of a threat. If you are being attacked by a dog, as much as I hate to say
it, I can understand shooting the animal. That being said, there is nothing to indicate the dogs had attacked at all. The witnesses state that both
dogs were running away at the time that they were killed. So at that point, where is the threat? Clearly there is none. As another poster pointed
out, if Joe Citizen were to shoot a police dog, he would be charged with (at the very minimum) animal cruelty. Most States have charges that
specifically distinguish the difference between any dog or a police dog. In some States killing a police dog is the same as killing a police
For anyone interested here is information for Jefferson County Iowa's D.A. Office.
Telephone: (641) 472-9201
Fax: (641) 472-9202