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Generalizations about drug dealers not enough to dispense with announcement; § 1983 case goes forward

By John Wesley Hall, Jr.

In a knock-and-announce civil case over a drug raid where plaintiffs' door was broken down and the search netted nothing, the plaintiffs alleged enough to overcome summary judgment and qualified immunity for unreasonableness of the entry. The lack of announcement was based on mere generalizations about drug dealers, and, under Richards, this is not enough. Andulan v. City of Seattle, 2008 U.S. Dist. LEXIS 30811 (W.D. Wash. March 21, 2008).* Defendant was not seized when he fled from officers trying to stop him. The offenses he committed in flight are not excluded. United States v. Eldridge, 2007 U.S. Dist. LEXIS 96791 (W.D. N.Y. September 5, 2007).* CI's information was sufficiently corroborated to show probable cause. State v. Johnson, 2008 Conn...continue to full post

Full post as published by Fourth Amendment on April 18, 2008 (boomark / email).