Police, The Fourth Amendment, Qualified Immunity

Police SWAT Raid Allegedly Causes $50K In Damage To Condominium

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Case: STORM v. CITY OF PASCO (E.D.Wash. 8-15-2012)

What happened: A dangerous criminal had some relatively tenuous ties to a condominium. Pasco police managed to get a search warrant for the condominium, went to the condominium, and proceeded to use a bullhorn to evacuate the only occupant of the condominium. The occupant told police that the suspect was not inside. A SWAT team eventually went in anyway, and, in the process, used a lot of grenades and caused much damage to the condominium. The suspect was not there. The condominium owners sued.

Decision: QI for the police. Court held that the evidence that the suspect was at the condominium was sufficiently stong to support the search warrant, and the evidence tending to show that the suspect was not there, which was omitted from the warrant application papers, was not important enough to be required to be included.

Comment: This case is a good example of how “probable cause” standards seem to be getting lower.

Another comment: Judge Shea again. More Judge Edward Shea here.

Written by Burgers Allday

August 18, 2012 at 1:05 am

Posted in Uncategorized

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