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Department of Education calls out SWAT over student loan default

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TigerD

Senior Member
Kenneth Wright had his front door kicked and dozens of armed men dressed in black carrying automatic weapons piled through the shattered doorway.
He was hauled out of his house by the neck in his underwear and thrown to the ground before being handcuffed.
In another room the same thing was happening to his three kids.
Wright wasn't a felon, a murder fleeing justice. He wasn't even a drug dealer or user. Wright's alleged crime was being married to a woman who defaulted on her student loans.
Wright told ABC 10 in Stockton, Calif., that the Education Department was after unpaid federal loans owed by his ex-wife. "They busted my door for this," Wright says. The claim has been repeated by numerous news outlets who picked up the story, which is so popular it appears to have crashed the local station's site.
Education Department says it doesn’t send SWAT teams after loan defaulters - Yahoo! News
Dept. of Education SWAT Raid Update: Not for a Student Loan, DoE Says - Hit & Run : Reason Magazine
 


Antigone*

Senior Member
Kenneth Wright had his front door kicked and dozens of armed men dressed in black carrying automatic weapons piled through the shattered doorway.
He was hauled out of his house by the neck in his underwear and thrown to the ground before being handcuffed.
In another room the same thing was happening to his three kids.
Wright wasn't a felon, a murder fleeing justice. He wasn't even a drug dealer or user. Wright's alleged crime was being married to a woman who defaulted on her student loans.
Wright told ABC 10 in Stockton, Calif., that the Education Department was after unpaid federal loans owed by his ex-wife. "They busted my door for this," Wright says. The claim has been repeated by numerous news outlets who picked up the story, which is so popular it appears to have crashed the local station's site.
Education Department says it doesn’t send SWAT teams after loan defaulters - Yahoo! News
Dept. of Education SWAT Raid Update: Not for a Student Loan, DoE Says - Hit & Run : Reason Magazine
That is really sad. Especially since a spouse cannot be held liable for the other's student loan debt.
 

antrc170

Member
Kenneth Wright had his front door kicked and dozens of armed men dressed in black carrying automatic weapons piled through the shattered doorway.
He was hauled out of his house by the neck in his underwear and thrown to the ground before being handcuffed.
In another room the same thing was happening to his three kids.
Wright wasn't a felon, a murder fleeing justice. He wasn't even a drug dealer or user. Wright's alleged crime was being married to a woman who defaulted on her student loans.
Wright told ABC 10 in Stockton, Calif., that the Education Department was after unpaid federal loans owed by his ex-wife. "They busted my door for this," Wright says. The claim has been repeated by numerous news outlets who picked up the story, which is so popular it appears to have crashed the local station's site.
Education Department says it doesn’t send SWAT teams after loan defaulters - Yahoo! News
Dept. of Education SWAT Raid Update: Not for a Student Loan, DoE Says - Hit & Run : Reason Magazine
If you are going to post news story comments or concerns you need to address the COMPLETE articles. What you posted is the incorrectly reported information perhaps in an attempt to enrage the forum members.

For those that want to research the article provided in the OP's original post you'll note that the SWAT team DID NOT participate IN ANY MANNER with the search. It was Dept. of Education special agents who were serving a warrant on the residence for a criminal violation. While they don't comment on active investigations it would be for something like fraud or embezzlement, not for overdue student loans. So, the federal agents had a warrant (it doesn't specify if it was a search warrant or arrest warrant) to enter the residence. It turned out the person in question was not there, but how would they know if they didn't search the residence?? {Well, they could have knocked on the door and asked.} So the husband (or ex, or whatever) could have lied while she hid in the closet.

When you actually examine it, the actions are not that bad. Is it unfortunate that the person was forced out of the home and the three kids were put in an uncomfortable situation? Sure. Is it unreasonable? No. Sometimes in the search for fugitives, federal suspects, or other neer-do-wells, some innocent people are going to be inconvienced.
 

TigerD

Senior Member
When you actually examine it, the actions are not that bad. Is it unfortunate that the person was forced out of the home and the three kids were put in an uncomfortable situation? Sure. Is it unreasonable? No. Sometimes in the search for fugitives, federal suspects, or other neer-do-wells, some innocent people are going to be inconvienced.
You undoubtedly would have rooted for the British or perhaps the lions. It most certainly was unreasonable and frankly the kind of action that pushed our forefathers over the top into revolution.

DC
 

xylene

Senior Member
Over the top (or at least seemingly so) actions are always widely reported.

Seemingly unfair news about police response out of proportion ... whether that sparks a call to armed revolution or a call to 'suck it up' is a highly partisan matter.

Nobody in the mainstream called violent uprisings after police abuse (Louima etc.) a justified revolution action...

Because that is crazy talk - and it is stupid crazy talk to speak of revolution over someone being inconvenienced by a lawfully issued warrant.

Besides -debtcollector, you are only mad they are going to cost you your commission.
 
Yeah the warrant may have been valid. But you can't convince me DOE agents needed to execute a no-knock search. That's really over the line in my book.
 

CdwJava

Senior Member
The raid involved a criminal investigation, not unpaid loans. There was a search warrant. There was no SWAT team involved. The DOE has affirmed only that a criminal investigation is in place and because of this they will not comment further.

We do not know whether there was knock and notice. We do not know what level of force was used (as we only have one side of the tale) or if it was inappropriate.

Depending on the allegations involved in the search warrant, a swift and dynamic entry may well have been called for.

In any event, assuming the search warrant is valid the search appears to be good as would be the detention of those inside. As for the level of force used, that will be up to others to evaluate ... others that have ALL the facts and not just the one side that is in the media. Remember, only one side in these issues gets to say whatever they want to the media: The aggrieved party. The law and policy prevent the law enforcement agencies from making much - if any - comment.
 

cosine

Senior Member
If you are going to post news story comments or concerns you need to address the COMPLETE articles. What you posted is the incorrectly reported information perhaps in an attempt to enrage the forum members.

For those that want to research the article provided in the OP's original post you'll note that the SWAT team DID NOT participate IN ANY MANNER with the search. It was Dept. of Education special agents who were serving a warrant on the residence for a criminal violation. While they don't comment on active investigations it would be for something like fraud or embezzlement, not for overdue student loans. So, the federal agents had a warrant (it doesn't specify if it was a search warrant or arrest warrant) to enter the residence. It turned out the person in question was not there, but how would they know if they didn't search the residence?? {Well, they could have knocked on the door and asked.} So the husband (or ex, or whatever) could have lied while she hid in the closet.

When you actually examine it, the actions are not that bad. Is it unfortunate that the person was forced out of the home and the three kids were put in an uncomfortable situation? Sure. Is it unreasonable? No. Sometimes in the search for fugitives, federal suspects, or other neer-do-wells, some innocent people are going to be inconvienced.
This goes way beyond being inconvenienced. "inconvenienced" means being kept out of your house for a while, NOT by being locked up in a car, nearly naked, unable to go to the bathroom, for hours. "inconvenienced" means having your door broken, but replaced (not by paying, but by actually installing) by the end of the day.

Just how long does it take police to figure out the person of interest is not there? Competent ones shoudl be able to do that in several minutes (maybe 20 at most for a typical home ... given the need to do so very carefully in case an armed perp is there).

Even when people are inconvenienced, there should not, in the end, be any financial net loss by anyone and everyone not involved, or had no way to know (for example, if your brother was a wanted criminal, and you didn't know, and he stayed at your home, you should be considered fully innocent and you should not bear the brunt and cost of bad police work).
 
Yeah considering the media reports starting out saying this was for student loan default it's very likely that the story is incorrect. So I'll withhold judgement since I obviously don't have all the facts.
 

TigerD

Senior Member
The question that should be asked is:
Why does the Department of Education need armed strike teams? If a crime was committed, don't we already have an FBI, Department of Justice, NSA and dozen other three letter words capable of doing the police work?

While the increasing number of raids by every type of police force does not in itself constitute a police state and the abdication of our civil rights, we have drawn extremely close to the line and crossed it more than once.

CdwJava, there are a lot of good cops. Most of them are great people who signed on to help. But the more abuses by bad cops and bad leaders, the more resistant to even good policing people become. It is the good cops who suffer. They are not trusted by the public - like they should be. They are abused by the system that orders them to bend, tweak and sometimes outright break the laws they swore to uphold. Sure there are all very good reasons for taking the steps they take.
Safety.
We need the element of surprise to swiftly overwhelm the bad guys and protect our officers lives. Then kick in the wrong door and gun down a 92-year-old lady.
The problem is that police are growing more militant in tactics and approach. As a vet, the military approach is not consistent with good civilian policing. And soldiers do it poorly.
An armed home invasion is not merely a mistake (or tragic mistake if someone were to be killed) just because the people doing the invading had badges. It is a crime. And those officers should be prosecuted for that crime. Drawing a firearm and pointing at someone without cause is an act of violence. And police officers who do so should be punished. Not with a counseling statement , but with termination and criminal charges. Arresting someone because officer didn't like something the person was saying or that they were on public property observing the police isn't a legal arrest. It is kidnapping. And it should be charged.
With all the talk about the dangers police face everyday - and they do - we often overlook that they chose that job field knowing the danger and with great power we entrust to our police, comes a responsibility just as great. Sadly, very few live up to that responsibility.

Stories like this one resonate. Not because they are sensational, but because everyone can identify with what is being said. And that is what should be the scariest part of it all.

When I was a kid, we were taught you can always talk to the police and get help. Now, I'll teach my son to say nothing to the police until after either my lawyer or I am there. About anything. Because the police are not there to help anymore. It's a tragic situation. It is us against them.

Thirty years ago, I didn't get scared when I had an interaction with a cop. Now there is an apprehension. Is this a good guy or a bad guy? Can I talk to him or should I keep my mouth shut about anything I don't have to say? Will he abuse his power to show me he's in charge? He isn't even to my window yet and I hate him because I hate feeling this way. -- I've heard that and more from people I've interviewed about police encounters. I'll bet you can't pick 10 people at random and not have four with apprehension regarding encounters with police. And those are the law-abiding citizens.

It should scare the hell out of cops that so many people feel safer dealing with criminals. Getting off track: That is why I think the story resonates.

And for the record, I never collected student loan debt. Knew some people who did -- they loved it, the rules didn't apply to them. Kind of like the cops we talked about above.

DC
 

CdwJava

Senior Member
The story resonates because the same misinformation has been passed all over the internet. When you read the most credible source (so far, the local channel 10 news) you find that it is not nearly as dire and draconian as the regurgitation websites would like to make it out to be. All because dozens of websites have copy-and-pasted the same story does not make it true.

As for the time delay in a car, searching a house can be a time consuming process. I have been on search warrants that have taken the better part of a day to conduct. Unless the item being sought is very large, the time on site will be measured in hours, not minutes.

We do not know what the investigation entails. We do not know what other agencies may have been involved. As this was a criminal investigation, it might be a very long time before we can possibly know anything - if ever. And if there are questions of personnel misconduct, we will know even less.

Remember, the only side of an issue involving the police that can say much to the media is the side that is NOT the government, and the side that has an axe to grind (right or wrong). It is why in the early stages of any such potentially politically charged tale lawyers and handlers for the aggrieved party encourage stories to the press because they know that they will go unanswered and thus will have time to creep into the psyche as being "true."

By the time the real facts come out, the general public may think they know all of the story, they may think that this was an issue over student loans, they may believe that SWAT broke in and tortured an innocent family, and all for unpaid student loans. Their reality, their paradigm, will have been molded by the repeated tellings of the exaggerated or false story and by the time the truth comes out, if it contradicts the paradigm, it will be dismissed as false.

Yes, it may have been over the top. But, we do not know what the officers knew or why they were there. I'd rather see a dynamic entry where everyone goes home safe than try to err on the side of being a nice guy and see people - officers and suspects - go home in body bags. Complacency kills.

I will predict that while this is headline news in the off-the-mainstream, agenda prone web today, it will receive scarcely a couple kb of space if the truth comes out tomorrow that shows that all of this was B.S.
 

You Are Guilty

Senior Member
Although its always fun to overreact to stories without the facts (and understandably so, given the disservice the "media" does in portraying the news), but even a cursory review of the facts shows this looks like a much bigger deal than the husband could ever imagine. For example, the affidavit in support of the search warrant is forty pages:
http://www.fatwallet.com/static/attachments/93797_ed_dept_wright_warrant_060711.pdf

Wifey must be up to her ears in some huge scheme.
 

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