Dear All;
In a 3-0 ruling issued this afternoon the
9th US Circuit Court of Appeals allowed
a plaintiffs suit against two cops and the
San Carlos PD to proceed.
The plaintiff got into a no visible signs of damage
trafffic accident. Both drivers noted this. The woman
driver followed the plaintiff home then called the
police claiming she smelled alcohol on his breath.
The officers claimed they believed the plaintiff may
have been diabetic and as a result had an alcohol
smell on his breath so they broke into his home
with guns drawn and arrested him.
A San Mateo Superior Court dismissed all the
charges finding the officers entered his home illegally.
The plaintiff sued for damages.
The Circuit ruling said this in part:
Based on the evidence at hand, no reasonable
officer could have believed it was necessary to
break into Bruce Hopkins' home and rescue him
at gunpoint, said the Ninth U.S. Circuit Court
of Appeals in San Francisco.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/07/16/BAQS18Q2NJ.DTL
Ron Getty - SF Libertarian
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