https://www.washingtonpost.com/news/the-...f#comments

Quote:

Quote:On July 19, 2010, a special agent with the Narcotics Unit of Clayton County, Georgia, obtained a warrant to search Jason Ward’s apartment. The application for the warrant stated that a confidential informant had observed a “small quantity of a green leafy substance suspected to be marijuana” in the possession of Ward. The application also stated that Ward had several arrests for possession of marijuana, sold narcotics from his apartment, and was known to carry a silver nine-millimeter handgun. The application sought a “no-knock” provision because “drug dealers commonly utilize weapons, dogs, and barricades to hinder law enforcement in the execution of their duties.” A magistrate judge approved the no-knock provision.

To execute the search warrant, Stephen Branham, the commander of the county SWAT team, prepared an operational plan with four teams: Alpha, Bravo, Charlie, and Delta. Alpha was the “entry team.” Its job was to breach the main door to Ward’s apartment and secure the persons inside. Bravo was the support team. Its job was to wait outside and enter the apartment through the sliding glass door if help was needed. Deaton was a member of Bravo team. Charlie was a diversion team. Its job was to divert Ward’s attention by performing a “break and rake” on his bedroom window. A break and rake is a tactic in which an officer breaks and clears out all of the glass in a window. This tactic is used to cover a room until the rest of the officers make entry. It is also used as a diversionary tactic. Delta team, composed of only Officer Suzanne Bennett, was also a diversion team. Bennett’s job was to deploy a “bang-pole,” a stick with a flashbang on the end of it, on the outside wall of the apartment.

Quite the show of force for a “small quantity of a green leafy substance,” wasn’t it? The raid went down at 5 a.m. Ward and his girlfriend Treneshia Dukes were asleep. The cops deployed three flashbangs, one of which was blindly tossed through the broken window. It detonated near Dukes, causing severe burns.

They found the detonation of the 3rd flashbang to be in violation of the 4th Amendment.

Quote:We conclude that it was not clearly established that Deaton’s conduct was unconstitutional when he acted. Although we recognize that the doctrine of excessive force makes some official conduct off limits even in “novel factual circumstances,” Deaton’s conduct was not so lacking in justification that every reasonable officer would know that what he did constituted excessive force. The operational plan contemplated the use of flashbangs to disorient the residents, and there is no evidence Deaton intended to use his flashbang for any other purpose. And the application in support of the search warrant stated that “drug dealers,” such as Ward, “commonly utilize weapons, dogs, and barricades to hinder law enforcement in the execution of their duties.” The application also stated that an informant had advised law enforcement that Ward carried a handgun “on his person.” To be sure, Deaton should have followed his training and checked the bedroom before he threw. But a reasonable officer could have found it “difficult . . . to determine how the relevant legal doctrine, here excessive force,” would apply.

The author of the decision was William Pryor who is on Trump's short list for a future Supreme Court nominee.

Will Activision have to issue a patch to remove flash-bangs from "Call of Duty"?