Getting raided by SWAT is extremely stressful, especially if it’s for an unjust or wrong reason. So you can imagine just how distressing it was for an old man in his 70s when a SWAT team suddenly came barging through his door in Cincinnati, Ohio, searching for his son, who had an outstanding arrest warrant. The frustrating part was that the son had been deceased for four years, not that it mattered to the SWAT, as they didn’t believe the old man and proceeded to raid his home.
The allegations came from Reddit user drback33, who was also the son of the 75-year-old man whom the SWAT raided. According to the Reddit user, his brother passed away 4 years ago, and even though his father relayed that information to the SWAT, they still insisted on searching the house. Apparently, the SWAT team also failed to present a warrant. The matter was further complicated, however, since it appears the 75-year-old consented to the search. Still, the Reddit user argued that the search was unjust due to certain factors:
“I asked my Dad if he allowed them to search, and he did consent. He also never asked for a warrant. But he was also in a state of real shock. They had several vehicles and officers in his driveway and parked in front of his house… Seems extreme to me,” claims the Reddit user
Of course, the SWAT didn’t find the long-deceased and buried suspect they were looking for in the 75-year-old man’s house. With that said, the Reddit user is furious at the Hamilton County Sheriff’s Department for spearheading the SWAT raid on an old man whose son was already dead. It also wasn’t clear how the police didn’t know the person they were trying to arrest wasn’t alive anymore, and the Reddit user now appears to be planning a legal action.
People online were outraged as well
Since the Reddit post was on a legal advice thread, people were a bit more technical about the comments, even though they were also naturally angry at the situation. It appears the 75-year-old dad giving consent to the search created a technical loophole for the SWAT team. However, the SWAT team’s not presenting proper warrant papers could also subject them to a lawsuit.
“Without a warrant or exigent circumstances, they can’t search the property without permission…but they can search it WITH permission.”
“If they searched without consent, I advise him to sue for the violation of his rights. They won’t learn until they have real consequences.”
“There’s a recent 5th Circuit case that goes way into detail about when ‘consent’ is illusory or coerced, even if alleged. (It’s not the same as acquiescence depending on the circumstances and the risks of doing so, power deferential, etc.). There are many factors involved. No warrant also a huge problem.”
In line with what happened, many comments also threw out their own furious criticisms toward the cops, who could’ve easily checked an online obituary or a database of people who are dead, something present in Ohio. In any case, it appears the Reddit user and his 75-year-old dad will need to lawyer up if they want proper reparations from the SWAT team and the Sheriffs.
“Did he pass in Ohio and was a death certificate issued? Ohio keeps a database of deceased Ohioans. They could have easily checked.”
“Get a lawyer, no doubt your elderly father didn’t fully comprehend what was happening, he was scared and intimidated.”
