{"id":2763,"date":"2009-03-28T08:59:47","date_gmt":"2008-12-13T08:00:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-12-13T08:00:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2763","title":{"rendered":"CA5: Officer who organized raid and did not read the search warrant was liable, too"},"content":{"rendered":"

Deputy sheriff who did not enter during raid was still liable because he organized the raid and did not read the warrant. Hunt v. Tomplait<\/a>, 301 Fed. Appx. 355 (5th Cir. 2008)* (unpublished):<\/p>\n

Deputy Tomplait was not a mere bystander in the execution of the search warrant. He actively led the search team at Chief Hunter’s request to the only “Hunt residence” that he was aware of, without reading the search warrant or pursuing additional information about the residence described in the search warrant. The fact that Deputy Tomplait did not enter the house does not relieve him of liability as a matter of law; his identification of the Hunt residence as the residence to be searched–and subsequent leadership of the search team to the residence–was a direct cause of the Fourth Amendment violation. <\/p><\/blockquote>\n

Defendant’s consent after an illegal entry into his home was coerced. United States v. Long, 2008 U.S. Dist. LEXIS 99762 (E.D. Pa. December 9, 2008):<\/p>\n

When Agent Curran asked for permission to enter Long’s residence, Long reasonably believed his only choice was to cooperate. The officers did not attempt to obtain Long’s written consent. Agent Curran, in demanding to seize the contraband, implied Long had no right to refuse. The officers remained inside Long’s residence for approximately two hours and subjected him to prolonged questioning. Long’s consent was the product of the officers’ show of authority, not his free will. The government has not met its burden of proving that Long’s consent was voluntary. If anything, the events following Long’s admissions outside the residence suggest his consent was coerced, not voluntary. The presence of coercion rendered Long’s abandonment of the contraband firearms involuntary. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2763","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2763","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2763"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2763\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2763"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2763"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2763"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}