At least it wasn’t a blood draw warrant

The Flower Mound PD must have known I was short on blog material while at the RD conference. Thanks guys.

What happened? From DMN-

Last month, a Flower Mound man called police because he thought a group of teens were drinking at a neighbor’s house. He knew the woman who lived there was out of town, and her 17-year-old son wasn’t supposed to have friends in the house while she was gone.

When police arrived, the teen wouldn’t open the door. So Flower Mound police came back, armed with a search warrant giving them authority to force their way into the house.

“The children wouldn’t open the door even after we got a search warrant,” Flower Mound Lt. Clay Pierce said. “So we got the fire department to use tools to spread open the door jamb.”

First off, probable cause to enter a residence can’t be based solely on the non cooperation of the residents. FM PD needed some articulable facts of criminal activity, which the author doesn’t mention in this story. Maybe, I’ll open records the warrant and post it.

Second, is the threat of a 17 year old drinking at a private residence so great we have to get a warrant and break the door down? For new readers, this is the part where I post the town’s crime stats to highlight the waste of police resources. However, when I checked FM PD’s April crime stats they only had 6 cases that were listed as active, the rest were cleared in some manner. Maybe FM PD does have enough free time to get a warrant and raid a teen party. Kudos.

Third, haven’t we learned enough about the failures of abstinence only education? When did we decide that a teenager’s perfect alcohol virginity must be protected at all costs? And that the police should raid houses to forward the cause of teen temperance? Maybe, just maybe, we should consider a fresh approach.

We encourage irresponsible and clandestine drinking operations by forbidding all young adult use. I don’t know what the perfect system is, but a better system would be one that promoted responsible use and lowered the age at which an adult can legally consume alcohol.

The current system fails for the same reasons other abstinence programs fail. We aren’t teaching children anything when we tell them to just say no. We only perpetuate juvenility when we forbid young adults the freedom and opportunity to learn how to make adult decisions.

Anyone who has been to Europe can attest that a legal drinking age under 21 does not destroy society. Unfortunately, in America our state governments traded their right to make these decisions for federal highway cash.

Finally, the cliche (but still appropriate) appeal against the immense hypocrisy of our drinking laws- at 18 you can be tried as an adult, join the army, vote, sign a lease, buy a car, buy a house, work in a strip club, smoke cigarrettes, but still these young adults are too immature to purchase or consume alcohol.

Send in the SWAT team.

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3 responses to “At least it wasn’t a blood draw warrant”

  1. Anonymous says:

    Well a Flower Mound Police Officer arrested me for suspicion of DWI when I had nothing (0) to drink. (He admitted in his offense report that he smelled no alcohol). I also did not have any drugs (legal or illegal) in my system. The toxicology report confirmed that no alcohol or drugs were detected. I would post more on this but my criminal case is still proceeding. O, my wife and I are both attorneys and the officer threatened to arrest my wife when she arrived at the scene thirty seconds later. So in Flower Mound, the FMPD really does not have anything better to do then raid some kid’s party while stealing tax payer dollars. My question, is who are these judges that continue to give these scum bags warrants?

  2. J. Cline says:

    Sounds about par for the FMPD. I was moving out of my husband’s house on Father’s Day of this year. We have a 9 month old daughter whom I took with me. We do not have temporary orders of custody yet so we both have equal rights to her, in this case, possession is 9/10ths of the law. My husband tried to remove her from her from my grasp by grabbing her arm and shoulder and pulling until she screamed. I told him numerous times to release her and he refused, continuing to pull on her arm and shoulder. So I bit him until her released her. My sister called 911 and FMPD’s finest showed up, went inside and talked to my husband, came outside then began treating me as if I were a trouble maker and told me if I did not leave town immediately they would arrest me for assault on him. I asked why they didn’t arrest him for assaulting my daughter, they said there is no evidence to prove he put the red marks on her body. They never questioned my sister or her 15 year old son who witnessed the event. I am still waiting for their lieutenant to return my call and inform me of FMPD policy on handling domestic incidents and why no witnesses were questioned in the assault of a child. Do these guys actually go through ANY training in order to understand the law they are sworn to uphold? And are intimidation and threats standard procedure for investigating domestic violence incidents?

  3. Anonymous says:

    Well, well…par for the course for the FMPD. It wouldn’t surprise me if you found out on the open records request that they doctored the affidavit a bit to get it.

    There was one time that they put up stop signs on one of the streets…just to generate tickets. Cycle cop was hanging not in plain sight up in a residential driveway and was nailing people that he “felt” didn’t stop properly or missed that there was a stop sign.

    Pretty much everyone worries they’ll be on the receiving end of inappropriate conduct from the police in this town- but not at a level that would be worth trying to get them fired or running a civil rights violation suit up the flagpole… And I know where the threshold is…and wished I’d not found it…and went past it in experience.

    Fortunately, it wasn’t with FMPD…it’s elsewhere…

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