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Supreme Court Decision Update - Los Angeles Count v. Rettele
Los Angeles Count v. Rettele (PDF of the Opinion) is a case more to my speed — one with exciting facts. In the case, deputies of the Los Angeles County police department obtained a warrant to search a particular house, unaware that the suspects had moved out of the residence three months prior. Nevertheless, the coppers busted in and began searching, despite finding that the two suspects — who were in the bed, sleeping at the time — were not even the same race as the suspects (they were white, the suspects were black). Still, the officers — who were briefed that the suspects might have been armed and dangerous — ordered Max Rettele and his girlfriend, at gunpoint, to get out of the bed and didn’t allow them to get dressed for several minutes, despite their vehement protests.
Of course, after a couple of minutes, the officers realized they’d made a mistake. So they apologized profusely, thanked Rettele and his girlfriend for not getting more upset than they did, and left to execute another search warrant, which resulted in the arrests of the suspects they were actually after.
As it turns out, however, Rettele and his girlfriend weren’t as accommodating as the officers had hoped — they brought a section 1983 lawsuit against the department, alleging that the officers violated their Fourth Amendment rights by obtaining a warrant in reckless fashion and conducting an unreasonable search and detention.
The Supremes, in an 8-1 per curiam opinion, concluded that there was no Fourth Amendment violation.
When the deputies ordered respondents from their bed, they had no way of knowing whether the African-American suspects were elsewhere in the house. The presence of some Caucasians in the residence did not eliminate the possibility that the suspects lived there as well. As the deputies stated in their affidavits, it is not uncommon in our society for people of different races to live together. Just as people of different races live and work together, so too might they engage in joint criminal activity. The deputies, who were searching a house where they believed a suspect might be armed, possessed authority to secure the premises before deciding whether to continue with the search.
Stevens and Ginsberg agreed with the court, but wrote separately. Only Justice Souter disagreed, writing that he wouldn’t have granted cert in the first place.
Comments
It blows me away that these two innocent people were forced to stand naked in front of several officers all of which were male and were denied their clothing after it was more than clear that these two were not the suspects the officers were searching for! What could the officers have possbly gained from making these innocent citizens stand naked? It's obvious they merely wanted to prove who it was "in charge" and the result was humiliating for the occupants of the house! I can understand needing to clear the house and be sure the real criminals weren't there but couldn't they have done that while the couple stood there CLOTHED?! I'm pretty sure they could have! Being a Californian myself it surely does not make me feel safe in the slightest! I'm pretty sure I don't live in a house that criminals lived in prior to me but I think I'll shower with my clothes on anyway just in case the LAPD decides to go on another power trip and humiliate another innocent family!!
Posted by K.W. | May 23, 2007 7:12 PM
It blows me away that these two innocent people were forced to stand naked in front of several officers all of which were male and were denied their clothing after it was more than clear that these two were not the suspects the officers were searching for! What could the officers have possbly gained from making these innocent citizens stand naked? It's obvious they merely wanted to prove who it was "in charge" and the result was humiliating for the occupants of the house! I can understand needing to clear the house and be sure the real criminals weren't there but couldn't they have done that while the couple stood there CLOTHED?! I'm pretty sure they could have! Being a Californian myself it surely does not make me feel safe in the slightest! I'm pretty sure I don't live in a house that criminals lived in prior to me but I think I'll shower with my clothes on anyway just in case the LAPD decides to go on another power trip and humiliate another innocent family!!
Posted by K.W. | May 23, 2007 7:16 PM
While I understand that it would be upsetting to stand naked in front of several officers, there isn't enough information here to conclude that the officers were standing around flouting their authority. If I were searching a house that supposedly had armed residents (and if I were trained in law enforcement), and I came across a bed full of people that weren't expected to be in the house, I would assume that they were friends of the residents. It might be prudent to assume that friends of possibly armed people might also have guns available, and I wouldn't be inclined to give them too much leeway.
Someone wasn't doing their homework, though, if no one caught the fact that the suspects had moved three months ago. That's pertinent information you'd think you'd want before issuing a warrant.
Posted by Phaeolus | May 25, 2007 3:56 PM