§ 1983 claim for SWAT raid on wrong house overcame summary judgment: reasonableness needed to be decided

Police SWAT drug raid on wrong house first and handcuffing occupants stated a claim for relief and overcame summary judgment claim because reasonableness was partially a question of fact. Smith v. City of Jacksonville, 2007 U.S. Dist. LEXIS 35640 (E.D. Ark. May 15, 2007):

The Eighth Circuit Court of Appeals has cautioned in a case involving the mistaken execution of a valid warrant on the wrong premises, “the Fourth Amendment’s allowance for officers’ honest mistakes is limited to mistakes that are objectively reasonable.” Dawkins v. Graham, 50 F.3d 532, 534 (8th Cir. 1995) citing, Maryland v. Garrison, 480 U.S. 79, 87 & n. 11, 107 S. Ct. 1013, 94 L. Ed. 2d 72 (1987). In Dawkins, the Court concluded that “the execution of a valid warrant on the wrong premises violates the Fourth Amendment if the officers should know the premises searched are not the premises described in the warrant, i.e., the officers’ mistake is not objectively reasonable.” Id.

The Court finds that a question of fact exists as to whether the officers’ mistake was objectively reasonable in this case. Officers Slash, Erickson, Keefer and Corben entered Plaintiffs’ home after a briefing in which the target home at 104 Overland was described. As set forth above, the residence at 104 and 108 were distinctly different. Further, Plaintiffs present evidence that as the officers approached the residence other officers recognized the mistake and yelled out “wrong house.” Detective Hibbs also entered Plaintiffs’ home after his participation in the detention of Brian Smith and Todd Conley. Hibbs wrote in his statement that he “noticed the house had a carport, not supposed to” and still walked in. Officers Lett and Chapman did not enter Plaintiffs’ home, but Plaintiffs argue that their conduct in recognizing that the other officers were entering the wrong home, yet not stopping or warning them, caused the Plaintiffs to be subjected to a violation of their constitutional rights. The Court finds that questions of fact exist as to whether Lett and Chapman violated Plaintiffs’ constitutional rights by their failure to intervene. Considering the evidence in the light most favorable to the Plaintiffs, the Court concludes that the Plaintiffs have presented sufficient evidence to create a genuine issue of material fact as to their unreasonable search claims.

ICE officers stopped car with a boat on a trailer in Northwest Washington with reasonable suspicion that the boat had crossed the border without having checked in, and that justified their stop. The basic questions added to reasonable suspicion. United States v. Wong, 2007 U.S. Dist. LEXIS 35839 (W.D. Wash. May 16, 2007)*:

The boat’s driver, Defendant Ho, did not enter the United States at the port of entry at Port Angeles, but instead made entry at the Freshwater Bay Marina without making the required contact with immigration officials prior to landing in the United States. The earlier surveillance of the defendants as described at the suppression hearing, the defendants’ entry into the United States without reporting at an area other than a port of entry, the defendants’ conflicting stories about what they were doing, together with the experience of the agents involved is sufficient to conclude that under the totality of the circumstances, the agents had a reasonable suspicion of criminal activity sufficient to conduct a border search.

Officers’ arrest of the plaintiff was with probable cause, although he was not the bank robber they were looking for, and that defeats his claim for summary judgment. Godette v. Stanley, 490 F. Supp. 2d 72 (D. Mass. 2007).*

Officers’ having a list of items to be seized which came from the warrant satisfied reasonableness of the warrant. They also made an inventory for defendant. United States v. Makki, 2007 U.S. Dist. LEXIS 35678 (E.D. Mich. May 16, 2007).*

NYPD officers had reasonable suspicion for drug stop after surveillance in Queens, and that gives them qualified immunity. Sutton v. Duguid, 2007 U.S. Dist. LEXIS 35853 (E.D. N.Y. May 16, 2007).*