WA: Raiding wrong house stated claim under state tort of negligent law enforcement

Police raided the wrong house based on an uncorroborated CI. Under Washington’s tort of negligent law enforcement, plaintiff was awared $250,000 by the jury. Affirmed: “we hold that police executing a search warrant owe the same duty of reasonable care that they owe when discharging other duties.” Mancini v. City of Tacoma, 2021 Wash. LEXIS 49 (Jan. 28, 2021):

¶34 Indeed, “[c]laims of negligent law enforcement are not novel. Washington courts have long recognized the potential for tort liability based on the negligent performance of law enforcement activities.” Id. at 543. “[A]s in the case of a private defendant charged with negligence, the determination whether a municipality has exercised reasonable care ‘must in each case necessarily depend upon the surrounding circumstances.’” Bodin v. City of Stanwood, 130 Wn.2d 726, 734, 927 P.2d 240 (1996) (quoting Berglund v. Spokane County, 4 Wn.2d 309, 316, 103 P.2d 355 (1940)).

¶35 We have not, however, specifically addressed tort liability for negligence in the execution of a search warrant. Today we hold that police executing a search warrant owe the same duty of reasonable care that they owe when discharging other duties.

¶36 Our holding is compelled by several prior decisions. We have recognized a trespass claim for “unnecessary damage to property caused by … law enforcement officers executing a search warrant.” Brutsche v. City of Kent, 164 Wn.2d 664, 671, 193 P.3d 110 (2008); see also Goldsby v. Stewart, 158 Wash. 39, 41, 290 P. 422 (1930) (“In executing a search warrant, officers of the law should do no unnecessary damage to the property to be examined.”). Although Brutsche sued the City of Kent for both trespass and negligence, we ruled only on his trespass claim because the alleged misconduct had been intentional. 164 Wn.2d at 674. We affirmed the summary dismissal of Brutsche’s trespass claim because the officers’ entry was supported by a valid warrant and, critically, because “[t]he officers did not engage in unreasonable conduct in exercising their privilege to be on the property.” Id. at 679.

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