SWAT Team Raids Wrong Address
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| Residents of the invaded home Photo Source: Telegram |
Marianne Diaz and her fiancé, Bryant Alequin, were startled when ten to fifteen SWAT team members burst through the front and back doors of their apartment with their guns drawn. The authorities entered the apartment at 5:30 AM. Diaz grabbed her two daughters(one of them disabled) and feared for her life. She was naked at the time and a female officer frisked her before they allowed her to put on clothes.
Diaz said that the whole incident was traumatizing and that they were loud and vulgar. Alequin was in the bathroom, and they put him in handcuffs that were very tight. He also suffered a minor back injury. Their roommate, Joshua Matos, had his wrist refractured during the raid.
The State Police Troopers had a search warrant, but Diaz and her family were not who the authorities were looking for. The officers didn't seize anything during the raid, arrest anyone, or find the man the warrant authorize them to find. They had raided the apartment before because the previous resident had a criminal record and they found drugs during that raid. Diaz and her family moved to the apartment in May and they have had no issues with the legal system. The District Attorney’s office released a statement saying the warrant was based on the best knowledge at the time.
Records show that the previous tenant they were looking for was arrested two weeks prior at a different address.
The family has not decided if they are going to file a lawsuit.
Comments from Allen: As I stated in a prior blog, this scenario happens often, but the details of each incident vary somewhat from case to case. We all agree the cops should not be bursting into the homes of innocent people, warrant or no warrant. What went wrong here, and whose fault is it?
The issuance of a warrant, and the search of an apartment pursuant to that warrant, usually insulate police officers from liability. However, the information used to obtain the warrant must be truthful and based upon information reasonably available to the state, or the state (the government authority involved) may suffer liability.
I believe the state made a gross error in obtaining the warrant to search the Marianne Diaz family and residence, and on that basis I believe the state has liability here. The state cannot say it acted upon the best information available, when it had information available that the target suspect was either in jail, or out of jail and living at a different address.
The issuance of a warrant, and the search of an apartment pursuant to that warrant, usually insulate police officers from liability. However, the information used to obtain the warrant must be truthful and based upon information reasonably available to the state, or the state (the government authority involved) may suffer liability.
I believe the state made a gross error in obtaining the warrant to search the Marianne Diaz family and residence, and on that basis I believe the state has liability here. The state cannot say it acted upon the best information available, when it had information available that the target suspect was either in jail, or out of jail and living at a different address.
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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 handles 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.
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