The Supreme Court unanimously confirmed that a family whose house was wrongly raided by FBI and SWAT agents can proceed with a lawsuit against the federal government.
In 2017, Trina Martin and Toi Claitt’s home was wrongly raided by the FBI, who were serving an arrest warrant on a neighbor accused of gang activity. The agents used a grenade to blast open their front door. Armed law enforcement officials charged up the stairs and handcuffed Cliatt and Martin in the bedroom. Gabe, their 7 year old, hid under the covers. Officers pointed guns at the three of them. After a period of time, the agents left. One officer came back later to apologize, after the team executed the raid at the correct home down the street.
In 2019, the family sued the FBI and individual agents for the wrong-house raid. The lower courts dismissed the case based on government immunity. The government argued that the FBI agents were following orders to go to the right home. According to the government, officers should not be liable for every wrong judgment call in a stressful situation, as it would undermine law enforcement’s ability to do its job in the future.
Martin and Claitt contended that Congress intended for the government to be held accountable in this exact situation when it passed a statute in 1974.
When Is a Search Warrant Valid?
To search a home, the police must have a search warrant. A search warrant is a court order signed by a judge that allows law enforcement to search a specific place for specific objects for a criminal investigation. Police must convince a judge that they have probable cause to conduct such a search. Probable cause is established when there is a reasonable basis that a crime has occurred. Probable cause can be established in several ways, including the officer’s own observations, such as sights, sounds, smells, and circumstantial evidence.
Notably, there may be a legal difference between police searching a property with a warrant that contains the wrong address and police searching the wrong property with a warrant that contains the right address. If the warrant contains the wrong address, the police could potentially correct the warrant and have the judge re-sign the warrant. However, if the police search the wrong property despite what is listed on the warrant, then the search itself may be illegal.
A search warrant must accurately identify the property to be searched and the evidence that the police are looking for. If the police search the wrong house, the search is potentially invalid and an attorney may be able to have any evidence obtained deemed inadmissible at trial.
For a long time, courts would dismiss lawsuits involving police searching the wrong property but with the correct address on the warrant. These wrongful searches were clearly errors by police, and courts were reluctant to inhibit law enforcement for making a bad judgment call despite given lawful orders. However, recent police controversies have shown that qualified immunity is deeply flawed at best. If police are to reestablish public trust, their errors must be recognized and held accountable rather than swept under the rug. The Supreme Court’s ruling in this latest case is coming late after years of government error, but at least it is finally addressing the issues with law enforcement.
Should I Hire a Criminal Defense Lawyer?
If you have been charged with committing a crime, it is in your best interests to consult with a skilled criminal defense attorney. Your attorney can assist you with asserting a defense that is available in your case and can represent you in court.
