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WA: Search warrant not automatic defense to trespass action

By John Wesley Hall, Jr.

Existence of a search warrant is not an automatic defense to trespass. Brutsche v. City of Kent, 2008 Wash. LEXIS 950 (October 2, 2008): Thus, under the Restatement (Second) of Torts § 210, section 214(1) applies even if the entry onto the property is initially lawful for purposes of a search pursuant to a valid warrant.fn8 The fact that a valid warrant exists is not an automatic bar to a trespass claim. 8. One court has stated that the presence of a valid search warrant is a complete defense to a suit for trespass. Wright v. United States, 963 F. Supp. 7, 19 (D.D.C. 1997). But the authority cited in Wright for this proposition does not support the conclusion. The court relied on Hammel v. Little, 66 App. D.C. 356, 87 F.2d 907, 912 (D...continue to full post

Full post as published by Fourth Amendment on October 07, 2008 (boomark / email).