W.D.Ky.: In a criminal trial against a police office for excessive force during a raid, is 404(b) evidence of other bad searches admissible?

Defendant is a police officer charged with deprivation of rights from firing a gun into a window with blinds drawn during execution of a search warrant. This is about his mistaken belief that an AR-15 was firing from inside, and the relevance of evidence at trial which starts Tuesday. More interesting though: the government wants to put in 404(b) evidence of two prior botched searches. That’s denied without prejudice for the time being. United States v. Hankison, 2024 U.S. Dist. LEXIS 185334 (W.D. Ky. Oct. 10, 2024). After analyzing the issue with limited information:

The evidence of Hankison’s prior acts could become admissible at trial depending on a variety of factors. However, at this stage, the Court does not have enough information and, the United States’ motion [DE 155] will be DENIED without prejudice. In order to admit this evidence, the Court would need a proffer of evidence outside the presence of the jury surrounding the two prior incidents to ensure the United States can meet its burden to show, as discussed, that the two prior incidents occurred, are substantially similar to Hankison’s charged conduct, and are relevant in that the force used in the two prior incidents was excessive.