1983 Action for Search of Wrong House Fails

In a per curiam opinion, the U.S. Supreme Court held that the plaintiffs' Fourth Amendment rights were not violated when the police obtained a valid warrant to search a house, but the suspects had moved out three months earlier, unbeknowst to the police.  The current occupants of the house were of a different race than the suspects.  The current occupants were forced to get out of bed naked, and stand there for a few minutes while the police secured the room.  The Ninth Circuit held that a reasonable jury could find that the plaintiffs' contstitutional rights were violated.  The U.S. Supreme Court reversed, stating, "When officers execute a valid warrant and act in a reasonable manner to protect themselves from harm, however, the Fourth Amendment is not violated." Los Angeles County v. Retelle (May 21, 2007), U.S. Supreme Court Case No. 06–605. 

Post by Sue Altmeyer