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Searched House Without a Warrant on New Years Eve
A U.S. District Court jury is set to consider a black couple's complaint that four police officers unconstitutionally searched their home and harassed them because of their race. Choice L. Causey and Henretta D. Bradley are seeking damages for the Dec. 31, 2002 search and traffic stop as well as for claims of property damage and mental anguish. Causey and Bradley sued Bay City and five police in 2002. Judge David M. Lawson dropped Bay City and one officer as defendants and threw out a conspiracy claim. But he left other issues for the jury to decide. "In this case there is direct evidence of discriminatory purpose animating the search of the house," Lawson wrote in a ruling released last week. He said Causey testified that officers used racial epithets and made racial jokes while they detained and handcuffed him. The judge ruled that officers violated the couple's rights when they entered the back yard without a warrant and found the spent shell casing. He said the search of the home before a warrant was obtained also was a violation. "It should have been apparent that there was no immediate need to enter the plaintiffs' house," Lawson wrote. "It should have been obvious to a reasonable officer that entering the plaintiffs' back yard, and later their home, without prior judicial authorization was unlawful." The defendants are Officers John May, Joseph E. Doyle, Eric Sporman and Kenneth Souser. Causey testified that he was called a 'nigger' when he was placed under arrest and handcuffed; and he testified that while he was detained in his home the police officers were making racial jokes." The couple allege that city police forcibly entered and searched their South Sheridan Street home without a warrant on New Year's Eve of 2000 and conspired against the pair, unlawfully stopping and searching their vehicle on several occasions. [more] and [more]