U.S. to begin using search warrants in Iraq

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[ARCHIVED THREAD] - U.S. to begin using search warrants in Iraq

Posted: 11/21/2008 4:17:00 AM EDT

EXCLUSIVE:

BAGHDAD | Some U.S. troops in Iraqcould begin applying for warrants before detaining terrorist suspectsor searching Iraqi homes as soon as Dec. 1 –– a month before they mightbecome required to do so under a new status-of-forces agreement.

ASSOCIATEDPRESSCOURT ORDERS: U.S. soldiers search an Iraqi home Thursday. They mayfirst need a warrant signed by an Iraqi judge under a newstatus-of-forces agreement between Washington and Baghdad, which stillrequires approval from the Iraqi legislature.

Military sources, who asked not to be identified because of thesensitivity of the topic, said at least some units of the 4th InfantryDivision in Baghdad would begin obtaining warrants from Iraqi legalauthorities next month before making arrests or searching homes forweapons caches and other contraband in noncombat situations.

U.S. military officials would not confirm or deny the report.

According to the sources, discussions have been held between someU.S. military officials and their Iraqi counterparts on procedures thesoldiers will have to follow to get the warrants. Thus far, noguidelines have been issued, the sources said.

"I really don't know how it is going to work out," said Maj. GeoffGreene, executive officer of the 1st Battalion, 68th Armor Regiment,which operates in east Baghdad. "I don't know how to get them yet," hesaid of the warrants, adding that he expects to "receive guidancesoon."

The need for warrants is stipulated in the status-of-forcesagreement signed this week in Baghdad by Iraqi Foreign MinisterHoshiyar Zebari and U.S. Ambassador Ryan C. Crocker. The accord, whichhas yet to be ratified by the Iraqi parliament, would provide athree-year legal framework for a continued U.S. military presence inIraq. It is to go into effect Jan. 1, when a United Nations SecurityCouncil mandate presence expires.

Warrants are a key provision of the agreement. Currently, U.S.troops do not need Iraqi permission to search homes or detain Iraqis.Under the agreement, they would still not need warrants if they are inthe midst of a battle.

ASSOCIATEDPRESSU.S soldiers with Charlie Company, 1st Battalion, 8th InfantryRegiment, leave a house in Mosul, Iraq, after searching it. As of Jan.1, American troops may be required to get a court warrant beforelaunching similar searches. The childen at left are holding plastic toyrifles.

The Iraqi Cabinet approved the accord earlier this week after eightmonths of negotiations and last-minute wrangling over Iraqi demands foramendments, including a provision that would preclude U.S. combatforces from staying in Iraq beyond Dec. 31, 2011.

Iraq's fractious parliament has yet to approve the measure, but avote could come as early as Monday. At least three blocs in theparliament are opposed to the accord. Among them is one composed oflawmakers loyal to anti-American cleric Muqtada al-Sadr, who is thoughtto be in Iran.

U.S. diplomats say passage of the agreement would mark the start ofnew talks between the two governments and military officials overimplementation.

Some of the other main provisions of the agreement include:withdrawal of U.S. combat forces from cities, towns and villages by theend of June; Iraqi approval for U.S. military operations; and thebarring of the United States from using Iraqi territory to attack neighboring countries.

Some American officers have expressed concern that requiring warrantsfor searches and detentions, even in noncombat situations, could leadto information leaks that could compromise operations. Others havewondered about a possible loss of ability to move quickly againstwanted individuals when tips about their whereabouts are received.

"It's one of the concerns we have," said an officer who requestedanonymity. "We get information on a bad guy and it may be good for onlyan hour. We don't have time to go to a judge and get a warrant."

Warrant-based targeting is not entirely new. Earlier this year, U.S.troops operating in Muqdadiya in Diyala province conductedwarrant-based search-and-detain operations along with Iraqi police. Thepolice got the warrants for terrorist suspects from the local court.

To get the warrants, complainants and witnesses signed courtaffidavits and appeared before a judge. By doing so, they identifiedthemselves and risked retribution from terror suspects and theirallies. Despite that danger, the court in Muqdadiya issued about 700warrants for people thought to be extremists, Iraqi police and U.S.forces in Muqdadiyah said.

Warrants in the Baghdad area could be obtained by Iraqi securityforces from the Ministry of Interior. Whether U.S. forces and theirIraqi counterparts could obtain standing warrants for "most wanted"terror suspects is unclear.

Maj. Rob McMillan, operations officer with 1st Battalion, 68th ArmorRegiment, said any early start of the mandated warrant searches wouldhelp identify problems in procedures.

"This is the Army and we like to practice things," he said.

Interesting pictures.......

Posted: 11/21/2008 6:18:12 AM EDT

[#1]

Some American officers have expressed concern that requiring warrantsfor searches and detentions, even in noncombat situations, could leadto information leaks that could compromise operations. Others havewondered about a possible loss of ability to move quickly against wanted individuals when tips about their whereabouts are received.

"It's one of the concerns we have," said an officer who requestedanonymity. "We get information on a bad guy and it may be good for onlyan hour. We don't have time to go to a judge and get a warrant."

Welcome to the world and problems police have to deal with every day.

Posted: 11/21/2008 6:20:04 AM EDT

[#2]

why should they use search warrants??

we invaded a soverign country

Posted: 11/21/2008 6:21:28 AM EDT

[#3]

Does this mean GD is going to be questioning every warrant service conducted by military members that is deemed questionable? This should be interesting

Posted: 11/21/2008 6:21:31 AM EDT

[#4]

Quoted:
why should they use search warrants??

we invaded a soverign country

We are trying to no longer act like an occupying force and get the country back to something more like a normal society.

Well, as normal as it can be considering the challenges they face.

Posted: 11/21/2008 6:24:48 AM EDT

[#5]

This is stupid.

Instead of making it easier to search our enemies, we make it more difficult, while we make it easier to search Americans at home, when we should be making it more difficult.

Posted: 11/21/2008 6:26:00 AM EDT

[#6]

Quoted:
why should they use search warrants??

we invaded a soverign country

And we have now re-established a different soveriegn country.

Posted: 11/21/2008 6:27:14 AM EDT

[#7]

That kid in the picture chose to go the SIG route. Interesting...

Posted: 11/21/2008 6:36:50 AM EDT

[#8]

Constraints and restraints have always been a part of planning and targeting.

Cops don't need warrants to arrest people who are in the act of committing a crime.

In the end, we SELECTIVELY partner with the ISF and we do it their way.

Posted: 11/21/2008 6:42:00 AM EDT

[#9]

So are the judges going to be leaking intel or asking for bribes to get them to sign or not sign the warrant?

Guys who have BTDT, would these be major problems or has the corruption in the police and judicial system there gone down alot?

Posted: 11/21/2008 6:49:18 AM EDT

[#10]

Quoted:
So are the judges going to be leaking intel or asking for bribes to get them to sign or not sign the warrant?

Guys who have BTDT, would these be major problems or has the corruption in the police and judicial system there gone down alot?

Corruption is as bad as it has ever been.

All of these things are considered.