edit: not that that justifies at all the absurd response of the sheriff in this case.
Consider Daniel Shaver, he was crawling on the floor with no weapon, but the police suspected he had a gun and was about to shoot them, so they shot him. The courts found the police not guilty.
The article is about government property (a courthouse) not commercial property.
For example: https://www.sltrib.com/news/2018/06/20/security-guard-shoots... (slightly more elaborate, but still a man shot in the back and and killed when peacefully leaving an area)
Also defending another person against a threat to life is a basis for the use of legal force everywhere - that’s pretty uncontroversial I think.
When all you have is a gun, everything is a nail that can be shot at.
But it does seem that the Sheriff is acting out the stereotype of the local and incompetent sheriff ala J.W. Pepper in the bond films.
What a sad existence to be ruled by such fear, living out some constant delusion of being attacked like the mass media spectacles. Then trying to push that fear onto everyone else to validate their own overreactions.
And honestly the pentest company should have thought twice before conducting this type of test on September 11th. Any anniversary date of a major terrorist attack is a potential day of a second copycat attack.
FWIW "copycat attack" is just yet another minimally-plausible scenario that propagates fear.
That seems unnecessary, I don't think there's a person alive unaware of the year he's referring to.
No one in the comments here is "worshipping" 9/11 but the GP is correct in saying Coalfire should have thought twice about a redteam pentest on a date that puts law enforcement on high alert.
That's a very open question. Under Iowa law, the counties have to provide the buildings to the state, but the state controls them. The position of the state court is that this control is total when it comes to security, and thus they can authorize whatever they like. (And their are court decisions supporting this view.)
Ultimately this is a legal question, which will be answered by the courts. But uh, the smart money is that the Iowa state courts will decide that the Iowa state courts were correct the first time, have lots of power, and didn't break any laws. But hey, anything could happen...
Malicious prosecution or 1983 action?
There is no reasonable legal theory in which they are not innocent, unless there are substantial non public facts.
That's whether or not you think that the state has the authority to authorize this.
America has a serious problem with prosecuting people it’s pretty sure are innocent.
'Zero' is hyperbole, since 4 significant charges is greater than zero.
Its true they have no evidence of intent to harm. But its hardly a harmless mistake that they, after a few drinks, broke into the wrong building without permission. During the night (supposed to be during the day). A judicial building.
This is incorrect.
One of the three documents indicated this, however, the other documents allowed those tactics.
Are the documents in conflict? Yes.
And, ironically since I’m usually pointing out the opposite, just because it’s serious doesn’t mean it’s criminal.
But generally would trespassing be considered a victimless crime? If you find out that someone trespassed, that might cause psychological harm. But if someone trespasses and no one notices, I guess that might be victimless. If a tree falls in the forest and no one is around, does it make a sound?
Police is already paid for with taxes. Writing bills for police responses not only creates wrong incentives, it's also redundant.
There can be fines for calling the police frivolously, but that's a different matter.
The other is that the many of the companies in the space suck. Coalfire didn’t have an attorney worth a nickel. No competent organization in their right mind would accept a contract that includes illegal entry into another party’s property.
Maybe if the people who hired the per-testers were interested in an outcome (good security practices), instead of attention and shaming a business partner, you’d have a different outcome.
I’m not a huge fan of physical breaches purely because they’re not a realistic threat model - maybe in the case of larger court houses that house evidence in cases where people might have the resources to do such a breach, but in most situations no decent attacker would risk their face on camera when malware.docx.exe would suffice
If I were the CIO or CISO of the state court, I would want to audit a few courts, and work with them to test those controls. That’s where you work with the county to test their controls - just like your scenario.
Then the test is a tool that can be used to get funds from the state, county and federal government to fix the problems.