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Claim stated for unnecessary damage during execution of a search warrant

By John Wesley Hall, Jr.

Plaintiff stated a claim for unnecessary damage during execution of a search warrant where he showed officers used a pry bar to open the trunk of a car and apparently kicked in a closet door on a camper. Caviness v. Johnson, 2008 U.S. Dist. LEXIS 62225 (E.D. Okla. August 14, 2008): Clearly, "officers ... on occasion must damage property in order to perform their duty." Dalia v. United States, 441 U.S. 238, 258 (1979). Additionally, if the property damage results from mere negligence, no constitutional violation is demonstrated. Bergguist v. County of Cochise, 806 F.2d 1364, 1369 (9th Cir. 1986). However, in this case, Johnson has failed to provide evidence that either the damages resulting from the search were reasonable and necessary or that any damage that did occur was attributable to negligence alone...continue to full post

Full post as published by Fourth Amendment on August 17, 2008 (boomark / email).