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Use of SWAT team to execute drug warrant was reasonable

By John Wesley Hall, Jr.

Use of 20 SWAT officers and 3 K-9 officers to execute a search warrant was reasonable for purposes of civil liability. Walker v. City of Wilmington, 2008 U.S. Dist. LEXIS 74965 (D. Del. September 29, 2008): Based on the record, the court holds that defendants' use of force was objectively reasonable under the circumstances. The employment of a 20-member SWAT team was objectively reasonable because, as the police had learned from surveillance, 118 Dutton Drive had multiple floors to cover and multiple occupants to detain. (D.I. 51 at 56) Using K9 officers was objectively reasonable because police believed suspect Walker to be preparing to flee. (D.I. 46 at 169) Using weapons was objectively reasonable because suspect Walker [*26] was wanted for murder, had a criminal history, and was believed to be armed with at least a knife; police did not know whether the other occupants had weapons...continue to full post

Full post as published by Fourth Amendment on October 01, 2008 (boomark / email).