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Thursday, December 26, 2024 at 2:10 PM
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Cops hit wrong house with expired warrant

A raid by a police task force at the wrong address that caused thousands of dollars in damage has left a homeowner upset and – so far – short of any answers.
Cops hit wrong house with expired warrant
Mike Clark in front of a damaged container at his Elgin home, which was opened by police officers who smashed the lock while serving an expired warrant at the wrong address. Clark is seeking redress from the government. Photo by Niko Demetriou

A raid by a police task force at the wrong address that caused thousands of dollars in damage has left a homeowner upset and — so far — short of any answers.

In addition, Mike Clark said the warrant served at his property at 408 Houston St. during the overnight operation was also expired.

“It don’t make sense, the warrant is totally backwards,” Clark said. “I’m disappointed. You just don’t damage other people’s stuff. I give the police respect, but they got to give respect.”

According to him, a travel trailer and storage container at his home sustained nearly $8,000 worth of damages. Bastrop County Sheriff’s Office deputies, as well as officers with the Elgin and Austin police department, were all on scene and did not provide an explanation or any accountability, according to Clark.

Chief Chris Noble of the Elgin Police Department has declined to comment on the incident, citing an ongoing investigation.

A spokesperson for the Austin Police Department said “they are working on it” when asked about the damages. Clark also asked APD for a copy of the search report, and said he was denied because it is an ongoing investigation.

Clark said he may be forced to pursue legal action if he doesn’t start getting answers soon.

The search warrant issued by 423rd state District Judge Christopher Duggan Jan. 25 at 11:10 a.m. to the Bastrop County Sheriff’s Office and any peace officers in the county named properties at 402 and 410 Houston St., not Clark’s.

At 410 Houston St., law officers were targeting a fifth-wheel travel trailer with a white door; at 402, the search included a gray metal storage container and another covered structure, according to court documents.

Clark’s property was raided Jan. 29, past the three-day-long validity of the warrant.

The warrant authorized the search for and seizure of illegal contraband substances, related documents, financial records, computers, phones, currency and more.

The warrant’s probable- cause affidavit indicates the police agencies were probing a suspected link to illicit narcotics, including “materials used in the packaging, cutting, weighing and distribution of illegal controlled substances.”

Clark maintains the warrant was no longer valid when officers swooped down on his property.

“When it’s 12:01, it’s a different day. The warrant was outdated, period, and they got it messed up,” Clark said.

Clark, who is retired and lives in Austin, arrived at his property about 6 a.m. after receiving a call from a concerned neighbor. He immediately grabbed the attention of an on-site officer and pointed out the faults in the warrant.

He went on to show the officer a large sign in front of his driveway that reads “408.”

“That’s why I put that sign up there, I don’t want no trouble. I don’t mess around with drugs,” Clark added.

Clark found the doors to his container and trailer knocked down, along with smashed windows, damage to the exterior and rummaged belongings after nearly 30 officers descended on his property, he said.

Officers propped up the container doors, tied them together with chains and then proceeded to another property, Clark said.

“Since this is a Black neighborhood, I think they think they can do whatever they want to do,” Clark said.

When Clark contacted the Bastrop Sheriff’s Office, he was told that since it was an Elgin search warrant, it was being left to Elgin PD to handle the situation.

After filing a formal complaint at the Elgin department, he tried to talk to Noble several times, he added.

According to Clark, the chief did not want to discuss the matter and hung up the phone on him. Clark has yet to receive any further information or statements.

He is struggling to understand how police armed with modern technology could have raided the wrong place.

“You can look at the satellite and it will tell you what’s on 408 and it’ll show you what’s on 410. There ain’t no way they should have this stuff messed up. They did not do their homework,” Clark said. “People need to know: You cannot treat other people like that, period. If you’re a police officer, you dot your i’s and cross your t’s before you do anything.”

He worries the same thing could happen again if officers aren’t more careful, which is why he won’t let the matter drop.

“It’s the principle behind it. If you don’t speak up, they’re going to do it over and over,” Clark said. “Somebody got to speak up, cause it ain’t right. … I ain’t going to put up with it. I don’t know exactly what they were out there for, but that don’t concern me. What concerns me is that right is right, and wrong is wrong.”

Officers left the street with one person in handcuffs, according to witnesses.

Clark is still working to find a lawyer to assist him with the situation.


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