Swat Team conducts food raid in rural Ohio
December 4, 2008
On Monday, December 1, a SWAT team with semi-automatic rifles entered the private home of the Stowers family in LaGrange, Ohio, herded the family onto the couches in the living room, and kept guns trained on parents, children, infants and toddlers, from approximately 11 AM to 8 PM. The team was aggressive and belligerent. The children were quite traumatized. At some point, the “bad cop†SWAT team was relieved by another team, a “good cop†team that tried to befriend the family. The Stowers family has run a very large, well-known food cooperative called Manna Storehouse on the western side of the greater Cleveland area for many years.
There were agents from the Department of Agriculture present, one of them identified as Bill Lesho. The search warrant is reportedly suspicious-looking. Agents began rifling through all of the family’s possessions, a task that lasted hours and resulted in a complete upheaval of every private area in the home. Many items were taken that were not listed on the search warrant. The family was not permitted a phone call, and they were not told what crime they were being charged with. They were not read their rights. Over ten thousand dollars worth of food was taken, including the family’s personal stock of food for the coming year. All of their computers, and all of their cell phones were taken, as well as phone and contact records. The food cooperative was virtually shut down. There was no rational explanation, nor justification, for this extreme violation of Constitutional rights.
Presumably Manna Storehouse might eventually be charged with running a retail establishment without a license. Why then the Gestapo-type interrogation for a 3rd degree misdemeanor charge? This incident has raised the ominous specter of a restrictive new era in State regulation and enforcement over the nation’s private food supply.
This is a good article for those who really want to take a good look at how the post-modern "media" reports the news.
Before making any other comments I will just state that I have no idea about what actually occured at the Stower's home...and that the article didn't do anything to assist me with making that determination. It's a valid news piece that should be reported. But is this how we want to receive our news?
OK. Let's look at the article:
On Monday, December 1, a SWAT team with semi-automatic rifles entered the private home of the Stowers family in LaGrange, Ohio, herded the family onto the couches in the living room, and kept guns trained on parents, children, infants and toddlers, from approximately 11 AM to 8 PM.
First and foremost, what is the source of this point of view? As stated, the verbage is inflammatory.
Having served my fair share of search warrants (I stopped counting after the first hundred or so) I can say that at least in part the characterization is somewhat correct. Everyone present during the service of a search warrant would be placed together in one room.
Would they be held "at gun-point" for several hours? Absolutely not. I'm sorry, but guns are heavy. Try holding a rifle, pistol or shotgun in your hand and point it at something for ten minutes. Now try doing it for nine hours. Don't have a firearm? No problem. Just use a two lb. weight and hold it out as if pointing a gun for ten minutes - then nine hours.
This part is purposely misleading, not true and inflammatory. It didn't happen.
Of course a search warrant was used to "enter a private residence". If it was a public place a search warrant, in most cases, wouldn't be necessary. The intent was to inflame even though the statement was factual.
The team was aggressive and belligerent. The children were quite traumatized. At some point, the “bad cop†SWAT team was relieved by another team, a “good cop†team that tried to befriend the family.
Again, what is the source of the characterization "aggressive and beligerent"? What actions are being reported in the article to support the characterization?
At some point, according to the article, tensions were relaxed when the entry team was relieved by the search team. And what? The "good cops"
also held everyone at gun-point after the "bad cops" left? There's a rather large contradiction here.
What is the source of the "good cop-bad cop" characterization? What actions are indicated in the article that this was the intent? Without evidence to the contrary it appears to be just another inflammatory editorial statement.
The family was not permitted a phone call, and they were not told what crime they were being charged with. They were not read their rights.
Again, possibly correct statements but again, inflammatory. There's nothing that says that anyone asked for and was denied a phone call. But they aren't necessarily entitled to one. That depends on Ohio law. Generally the phone call rights don't come into effect until after being arrested. There's no indication that they were under arrest or that they could not have been searched pursuant to the warrant and allowed to leave the premises - questions that the article should have covered. That they weren't informed of what crime they were being charged with is misleading. They wouldn't necessarily be charged with a crime until
after the search warrant was served, the evidence collected, reviewed and a complaint filed in court by the DA. Search warrants are
investigative tools.
Were the Stower's aware of why the officers were there and what they were investigating? Of course they were. The Stowers were served with a copy of the search warrant that stated the reason why the officers were there and what they were seeking.
That they weren't read their rights isn't necessarily a problem. The reading of
Miranda rights is only required when questioning focuses upon an individual and becomes accusatory.
There's no indication in the article that any interrogation occured. Without an accusatory interrogation it isn't required that they be informed of their Constitutional rights. The particulars of what transpired relative to an interrogation should have been covered in the article. But it wasn't. Why not?
Inflammatory editorialization.
There was no rational explanation, nor justification, for this extreme violation of Constitutional rights.
Nor is there a rational explanation in the article that states what Constitutional rights were violated, extreme or otherwise. The article does, however, state that a search warrant was served in compliance with the 4th Amendment of the Constitution: "...no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The affadavit in support of the warrant was reviewed by and signed by a magistrate. A judge apparently believed that there was a rational explanation and justification for the search.
Another inflammatory editorial comment.
The search warrant is reportedly suspicious-looking. Agents began rifling through all of the family’s possessions, a task that lasted hours and resulted in a complete upheaval of every private area in the home. Many items were taken that were not listed on the search warrant.
What is the source of "the search warrrant is reportedly suspicious-looking"? According to whom? What was suspicious-looking? If the reporter had information about this why wasn't it reported in the article? Another inflammatory editorialization.
Agents began rifling through [everything]. What else would be expected? It's a search warrant.
One problem that could arise involves the seizure of items not listed on the search warrant. It's not necessarily fatal to the four-corners of the warrant but any expansion of the scope of the warrant has to be justified. That would be taken care of at the Ohio equivalent of a California 1538.5 PC hearing (motion to supress). But the scope of a search warrant can be expanded based on what is found at the scene. That evidence will be treated seperately from the search warrant evidence. It could be supressed - it could even lead to suppressing some or all of the evidence collected pursuant to the warrant itself. This item might be the only neutral and factual statement made in the article.
The bottom line here is that this article, though a bit extreme, is pretty typical of how the news is being reported to us. It's more about the reporter and the reporter's political thoughts than it is about getting facts to the public.
Worse, if you take the time to do the Google you discover dozens of "hits" on the subject "LaGrange, OH + Stower". You also discover that it's just the one article being copy-pasted verbatim over and over. No other reporter seems to be concerned with getting to the facts and reporting them...which is, again, typical.
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Something, however, is missing here. I don't know what it is but I do know that it is very atypical for an agency to serve a search warrant on a business to search for evidence of a non-violent crime and to take along with them a SWAT team. Unfortunately, there's nothing in the article that justifies the characterization that the entry team was a SWAT team. For all I know, and the general "flavor" of the article makes it somewhat likely, there was no SWAT team - just a group of officers all of whom were armed...but the SWAT characterization was tossed in to sensationalize and inflame the situation. Just a guess based on the totality of the reporters techniques used in the article.
I do know that for a search warrant to be issued it can only be issued for a limited number of reasons:
1. To search for evidence of a felony crime;
2. To search for the "fruits" of a crime - usually stolen or embezzled property even though the original crime may have been a misdemeanor
3. Search warrants are not issued for misdemeanor crimes
4. "Administrative" search warrants are occassionally issued to allow inspectors onto a business property when the busines has prevented the inspectors from conducting their inspections.
So, what felony crime was being investigated? Or was it a case of inspectors being prevented from doing their routine inspections and/or inspections in response to a specific public complaint?
There's something missing in the article, as I said. That "something", I suspect, is an item that the reporter purposely left out because it would not fit the profile of what s/he wanted to report here.
In any case this situation might be a case of really bad news reporting. It might be a case of really bad law enforcement techniques. It might be a case of a company that was operating far outside the food handling health guidelines (we have seen several cases recently where hundreds of people becamse ill, some dying, because of unsafe food handling). It is probably all of the above. But...
we just elected a new federal government that has boldly stated that they want to have their fingers in every aspect of what should be the private areas of our lives. Among other things they want to regulate, by hook or crook: what we eat.
And this case did come from Ohio...
The real concern, however, is still one of how we get our news today. I read articles like the above and I'm left with a gloomy outlook - not regarding the items being reported but gloomy about how we, as citizens, are to know what's really going on in the world around us when we have to rely on crappy, amateurish reporting like this.