The police departments argument? We’re the police, we can’t be held responsible for our actions.
The police, opting not to do the slightest bit of detective work, took the simplistic approach of sending in the goon squad in an show of force to illustrate “who has the power.”
The willful ignorance on the part of the police, when they all ready had a suspect in mind, named Derrick Murray, who had threatened the police in a similar way in the past, cost the Milan family the peace and sanctity of their home.
Circuit Judge Richard Posner agreed stating:
A man named Derrick Murray, whom they knew to have made threats against the police in the past—indeed he had been convicted of intimidating a police officer. At least two of the officers thought him the likeliest source of the threats. Prudence counseled delaying the search for a day or so to try to get a better understanding of the Milan household and of Murray’s potential responsibility for the threats. Prudence went by the board.
“A day of investigating him (Murray) would have nailed him, as we know because a day of investigating—the day after the violent search of the home—did nail him.”