Oops, Wrong Door

You know what bothers me these days?  Well, at the moment it's police who don't really understand or care about the law.  Particularly, the 4th amendment and/or 42 USC § 1983 and the rights we the people are owed under the law.

So how this came up was I was scrolling through Facebook and saw one (of many) videos of a police officer ripping open a partly open window (like what a bear in a national park might do when they smelled - and wanted to get at - food).

 

The thing is, if you do a quick scroll through Internet land, you'll see, quite literally, hundreds (if not thousands) of links and videos of raucous police doing all sorts of things in violation of the United States Constitution (of which they - allegedly - swore to protect).  For example:

Atlanta, Georgia — Martin Family Wrong-House Raid (2017)

• Date: October 18, 2017

• Incident: FBI agents and local SWAT mistakenly raided the home of the Martin family, believing it to be a drug suspect’s residence. The family was detained at gunpoint for hours.

• Legal Action: The family sued the FBI and local police under §1983 for Fourth Amendment violations (illegal search and seizure). The case eventually reached the U.S. Supreme Court addressing sovereign immunity under the Federal Tort Claims Act (FTCA).

• Outcome: The Supreme Court ruled in Gonzalez v. United States, 579 U.S. 59 (2016), on FTCA immunity issues related to federal agents. The civil suit continued in lower courts, focusing on the wrongful search and damages claims.

Joliet, Illinois — Wrong Home Entry (2021)

• Date: November 2021

• Incident: Police executed a search warrant at the wrong address, detaining multiple family members (including children) for several hours while searching the home.

• Legal Action: The family filed a federal civil rights lawsuit claiming violation of the Fourth Amendment’s protections against unreasonable searches and seizures.

• Outcome: Pending or settled confidentially; the case raised awareness about the accuracy and verification processes for warrant execution.

Austin, Texas — Shields Family Wrong-House SWAT Raid (2023)

• Date: August 2023

• Incident: SWAT executed a no-knock raid on the Shields family home, which was the wrong address, using explosives and detaining occupants. Significant property damage and trauma ensued.

• Legal Action: A federal civil rights lawsuit was filed alleging violations of Fourth Amendment rights, excessive force, and failure to verify the correct address.

• Outcome: Lawsuit is ongoing, with motions to dismiss denied, allowing claims to proceed.

King County / Seattle, Washington — Gizachew Wondie False Warrant Case (2023)

• Date: Incident circa 2018, settlement reached in 2023

• Incident: Wondie was arrested based on a warrant supported by false statements from a detective. The warrant was invalid, leading to an unlawful arrest and detention.

• Legal Action: Wondie filed a §1983 civil rights claim alleging false arrest and malicious prosecution based on fabricated evidence.

• Outcome: King County agreed to settle for $225,000 to resolve the claim without admitting liability.

Berwyn Heights, Maryland — No-Knock Drug Raid on Mayor’s Home (2008)

• Date: July 29, 2008

• Incident: Police executed a no-knock warrant at the home of the mayor without sufficient verification, causing property damage and trauma.

• Legal Action: The mayor filed civil claims alleging Fourth Amendment violations and sought damages for excessive force and destruction of property.

• Outcome: Several officers were disciplined, and the city settled with the family for an undisclosed amount.

Other Notable Incidents:

March 13, 2020 — Louisville, Kentucky
No-knock raid that killed Breonna Taylor; civil claims and a $12M settlement for the family and federal criminal/civil proceedings followed.

May 25, 2020 — Minneapolis, Minnesota
Killing of George Floyd during an arrest; §1983 excessive-force claims, criminal prosecutions, and large civil settlement for the family. 

January 28, 2019 — Pecan Park (Houston), Texas
Botched no-knock/paramilitary raid (Harding Street raid) that resulted in two civilian deaths and widespread criticism of HPD tactics. 

 

April 2024 — Willard, North Carolina
Alleged mistaken SWAT raid on a mobile home — family filed federal suit claiming knock-and-announce/warrant problems and dangerous forced entry.

 

And these are just cases involving attacks on a home.  Can you imagine the number of incidents involving police pulling people over for alleged crimes on the roads?!

 

Probably a blog for another time.

Bottom line, and call me paranoid but, best you can do is find a good lawyer before you have to find a good lawyer because, by the looks of things, it's not a matter of if police will try to bust down your door, but when.