Police Break Into Wrong Boise Apartment
Boise police officers accidently broke into the wrong apartment a couple weeks ago. They busted down the door and threw a flash bang device, and the neighbors said that it sounded like a gunshot had gone off.
The two people inside the apartment were startled, but they were very cooperative. The officers offered to pay for a hotel for the occupants, but they declined. An officer was stationed at the apartment for the night, so everything would remain secure.
The police were trying to serve a search warrant because of a complaints of suspected drug dealing and thefts in the area. An address had been connected and confirmed by several sources. As soon as the officers entered the apartment, they realized their mistake.
The management of the apartment complex has distributed a letter to all of the residents saying that it was a "horrendous mistake."
The Deputy Chief of Operations for the Boise PD has come out and said the error is rare and regrettable. The officers apologized to the occupants, and have said that they are going to pay for the repairs.
Comments from Allen:
This happens a lot. The police go to make an arrest, or to search a residence, and enter the wrong home, terrorizing innocent citizens. One court even noted the "rich history of mistaken address search warrant cases."
People complaining that police officers have violated their rights generally sue under federal law. The most common complaints are filed under 42 U.S.C. Section 1983, the "civil rights violation" law.
In order to sue the city itself under a federal statute, the plaintiff must allege and prove the police officer was following a city "policy or custom" when he violated the plaintiff's rights and injured him. Otherwise, the city is immune from suit under federal law.
Usually the civil rights suits are brought against the individual officers themselves. These officers are generally covered by their employer's insurance for their negligent acts. One detail not mentioned in the news accounts of this raid-gone-wrong was whether the police were wrong about the correct address of the target residence when they obtained the warrant, or whether the warrant stated the correct address and the police just broke down the door of a different apartment. While the resulting shock to the residents is the same in either event, police liability is more clear in the case in which the police responded to an address different from the one on the warrant.
Police who respond to criminal activity act with "qualified immunity;" they cannot be sued for conduct which is "objectively reasonable" based on the circumstances.
In this instance, if the police officer who obtained the warrant from the court provided the court with correct information, and the officers responding to the warrant knocked down the door of the residence which had the address indicated on the warrant, there is qualified immunity. To the contrary, if the police officer providing information to the court to obtain the warrant negligently provided a wrong address to the court, qualified immunity disappears. Likewise, if the warrant correctly names the address where criminal activity is present, but the officers broke down the door of an apartment with a different address, qualified immunity disappears.
It is unclear, from the facts released at this time, how the police arrived at the address of an innocent couple. It does appear likely that the police lost their qualified immunity in this instance.
Sources for more information:
http://www.boiseweekly.com/boise/boise-police-apologize-for-raid-gone-bad-at-north-end-apartment-complex/Content?oid=3539348
http://www.idahostatesman.com/2015/07/17/3900004_bpd-breaks-into-wrong-north-end.html?rh=1
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| Photo Source: Idaho Statesman |
The two people inside the apartment were startled, but they were very cooperative. The officers offered to pay for a hotel for the occupants, but they declined. An officer was stationed at the apartment for the night, so everything would remain secure.
The police were trying to serve a search warrant because of a complaints of suspected drug dealing and thefts in the area. An address had been connected and confirmed by several sources. As soon as the officers entered the apartment, they realized their mistake.
The management of the apartment complex has distributed a letter to all of the residents saying that it was a "horrendous mistake."
The Deputy Chief of Operations for the Boise PD has come out and said the error is rare and regrettable. The officers apologized to the occupants, and have said that they are going to pay for the repairs.
Comments from Allen:
This happens a lot. The police go to make an arrest, or to search a residence, and enter the wrong home, terrorizing innocent citizens. One court even noted the "rich history of mistaken address search warrant cases."
People complaining that police officers have violated their rights generally sue under federal law. The most common complaints are filed under 42 U.S.C. Section 1983, the "civil rights violation" law.
In order to sue the city itself under a federal statute, the plaintiff must allege and prove the police officer was following a city "policy or custom" when he violated the plaintiff's rights and injured him. Otherwise, the city is immune from suit under federal law.
Usually the civil rights suits are brought against the individual officers themselves. These officers are generally covered by their employer's insurance for their negligent acts. One detail not mentioned in the news accounts of this raid-gone-wrong was whether the police were wrong about the correct address of the target residence when they obtained the warrant, or whether the warrant stated the correct address and the police just broke down the door of a different apartment. While the resulting shock to the residents is the same in either event, police liability is more clear in the case in which the police responded to an address different from the one on the warrant.Police who respond to criminal activity act with "qualified immunity;" they cannot be sued for conduct which is "objectively reasonable" based on the circumstances.
In this instance, if the police officer who obtained the warrant from the court provided the court with correct information, and the officers responding to the warrant knocked down the door of the residence which had the address indicated on the warrant, there is qualified immunity. To the contrary, if the police officer providing information to the court to obtain the warrant negligently provided a wrong address to the court, qualified immunity disappears. Likewise, if the warrant correctly names the address where criminal activity is present, but the officers broke down the door of an apartment with a different address, qualified immunity disappears.
It is unclear, from the facts released at this time, how the police arrived at the address of an innocent couple. It does appear likely that the police lost their qualified immunity in this instance.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.
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http://www.boiseweekly.com/boise/boise-police-apologize-for-raid-gone-bad-at-north-end-apartment-complex/Content?oid=3539348
http://www.idahostatesman.com/2015/07/17/3900004_bpd-breaks-into-wrong-north-end.html?rh=1
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