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Fred Hampton — Part 3

251 pages · May 09, 2026 · Broad topic: General · Topic: Fred Hampton · 251 pages OCR'd
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108 Nos. 77-1698, 77-1210 & 77-1370 out the foolishness of these various proposed alternatives if the purpose of serving a particular warrant was to search for and seize an arsenal of illegal weapons in a probably unfriendly neighborhood and to arrest those who were found to be possessors of those weapons. Nevertheless, because the nature of the raid has been given significance, it is necessary to analyze the existing situation. In settling upon the early morning hour as the ap- propriate time for making the raid, Groth, as the com- manding officer of the group, complied with Illinois law which provided that a search warrant may be served at any time of the day or night. § 108-13, Ill.Rev.Stat. Ch. 38 (1969). As the state defendants point out the key fac- tor in that decision was to surprise the occupants while hopefully they would be asleep, thus avoiding, if possi- ble, any use of force or resistance, and that the possessors of those illegal weapons would most likely be present subject to arrest at the early morning hour. The apartment was located in a residential area and police arriving in any force at the scene during a daylight hour, even during working time, would.attract a crowd and in the event of any shooting the lives of nearby citizens would be in danger. The police had a right to anticipate the possibility that the guns in the apartment might be used against them particularly in view of the well-known attitude of the Black Panther Party on the subject of the dispensability of policemen. As the Supreme Court stated in Terry v. Ohio, 392 U.S. 1, 28 (1968): Certainly it would be unreasonable to require that police officers take unnecessary risks in their performance of their duties. American criminals have a long tradition of armed violence, and every year in this country many law enforcement officers are killed in the line of duty, and thousands more are wounded. One of the occupants, Anderson, indeed said that he was searching trying to find his shotgun which he had
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