I’ve been rather hard on the FBI in recent years, but only in response to such grossly unprofessional, and arguably illegal conduct I’ve had no choice. As I’ve so often written, I’d like to believe the majority of field agents are decent, honorable people who take seriously their oaths to uphold the law and Constitution and to serve the American people. Unfortunately with DEI rampant in that agency, and unmistakable proof of political vendettas, I can’t. Even if I did, when two agents—they usually travel in pairs—show up at my door, how can I know they’re two of the honest types?
I last wrote about this case in October of 2024, but it’s worth updating, particularly since the FBI would have us believe it’s the world’s premier law enforcement agency, and because the victims may finally see justice.
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Graphic: X Screenshot
The U.S. Supreme Court today [01-27-25] agreed to hear the case of an Atlanta family harmed by a mistaken FBI SWAT raid on their home. Despite the trauma inflicted on the innocent family, the government refused to cover costs of Trina Martin, her son Gabe, and her partner Toi Cliatt. Now, after an appeal from the Institute for Justice (IJ) the Court will reconsider whether their suit under the Federal Torts Claims Act (FTCA) should be allowed to move forward.
For the Supreme Court to grant cert in a case of this kind is extraordinary and suggests the Court is planning to deal with a serious issue and/or right an egregious wrong.
“Congress amended a federal statute to ensure that victims of wrongful federal police raids have a remedy in American courts,” said IJ Senior Attorney Patrick Jaicomo. “It’s time for the Supreme Court to make it clear that the FTCA means what it says, and courts have no business carving exceptions into the statute Congress passed.”
Before dawn one day in 2017, a flashbang grenade exploded in Trina’s living room. Afraid of a home invasion, Toi began to reach for his shotgun, but FBI agents already broke into their home and one rushed into the bedroom and threw Toi to the floor. Tac clad and armed FBI agents also rushed into seven-year-old Gabe’s bedroom.
It took awhile, but the agents eventually figured out they’d made a bit of a mistake. The house they were supposed to raid had an entirely different number on an entirely different street.
There was considerable damage to the home, and the agents apologized and left Trina to deal with the mess they’d made. One later came back and gave Toi a supervisor’s business card, suggesting the FBI would pay for the damages. They soon discovered the FBI doesn’t admit error or pay for the damage their mistakes cause, certainly not under the Harris/Biden Maladministration.
Trina applied for relief under the FTCA, but the 11th Circuit denied her appeal and the Institute for Justice took the case, leading to the granting of cert before the Supreme Court.
But that’s only part of the issue. In order to get a warrant for a no-knock raid, any police officer must write an affidavit identifying himself and his experience and providing probable cause for the raid. The PC standard is particularly high for a no-knock raid, because SWAT incursions are particularly dangerous for everyone involved. No matter how much or loudly agents shout “FBI,” people jolted out of a sound sleep aren’t going to hear them and are more than justified in thinking they’re being attacked by armed criminals. Had Toi managed to get his hands on his shotgun, he would likely have been killed.
At least one of the officers serving the warrant must be an officer who knows the home, usually the officer filing the affidavit.
Warrant affidavits of this type not only have to provide complete PC, they must include complete information on the home to be raided, which includes photos of the home, and information about how the police are certain this particular home is the one to be raided. That would normally include information about police surveillance, observations over time of illegal activity relating to the home, even information about informants who had been in the home. The home also must be particularly described as to type, color and other identifying features.
Competent cops do this, not only because they don’t want to raid the wrong home and end up killing innocents or trashing their home, but because mistakes like this kill cases and police credibility. Competent judges don’t issue no-knock warrants absent this complete information.
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Graphic: IJ YouTube Screenshot
In this case, it’s not like they mistook 104 Smith Street for 104 Smith Avenue. They essentially mistook 1218 Jones Street for 306 Walnut Avenue. That’s one thing if all agents intend to do is politely knock on the door and ask a few questions, but quite another when they’re playing SWAT, breaking down doors and tossing flashbangs, which can and do cause serious injury and set things aflame.
Hopefully, Trina will be made whole, and the Supreme Court will put teeth into the FTCA. That will give President Trump more leverage in reforming the FBI.
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Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, life-long athlete, firearm instructor, retired police officer and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor.
This article was originally published at www.americanthinker.com
