SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Update #2: Home Invasion ~ 4 Years Ago - by the Police - Appeals Court Decided Against Police
Page 1 2 

Moderators: Chris Orndorff, LDD
Go
New
Find
Notify
Tools
Reply
  
Update #2: Home Invasion ~ 4 Years Ago - by the Police - Appeals Court Decided Against Police Login/Join 
Gone but Together Again.
Dad & Uncle
Picture of h2oys
posted
Some of you may recall about 2 years ago (Nov 2018) I posted about a very good friend who at the wee hours of the morning, after hearing noises in the house, entered the hallway outside of his bedroom and found 2 flashlights and guns pointed at him.

The basics of the story were:
1) his stepson had returned home from Germany that day,
2) it was around 1am
3) a young drunk man had called a cab, could not provide the cabbie with an exact address, told the cabbie, "yes" that's my house, "I'll go inside and get the cash from my Dad", did not go in the front door but the obscured side between the homes, and never came back.

4) the cabbie waited and then called the police over an ~$40 fee, was transferred between police depts. because they were unsure of jurisdiction, and time goes by before police responded
5) Police responded, went between the homes, opened an auto closingstorm door to the garage, searched the garage, opened the door to the home inside the garage, entered, searched his basement, went back upstairs, was searching the house, and literally scared the hell out of my friend.
6) the police never rang the door bell, never knocked, and never announced themselves until they encountered my friend in his skivvies on the hallway of his home.
7) forced him to open his gun room to search for the drunk kid
8) administered a drunk test to his sober step son who had been in bed since 10pm and did not fit the description provided by the foreign "broken English" speaking cabbie

The above is a pretty good summary as I don't recall all the details from my prior post. Well based upon all your replies, and the facts the police dept first denied it ever happened, never filed any type of a report, never apologized, he took one of my Sig Friends advice and contacted the ACLU.

The ACLU does not take all cases, he met with them several times, and ultimately a suit was filed.

Under deposition the police changed their stories, made up facts that were physically impossible (for example they said they knocked on his bedroom window which due to the lot is up about 15-20 feet in the air), and then claimed something like "police immmunity". They asked him what he wanted and he said an apology. The police actually offered him $1 to settle. Yes, a single dollar.


Then the police filed to dismiss the suit. Wasn't granted. They filed a 2nd time to dismiss, and then yesterday, the judge told the police; You are 100% at fault - settle this outside of court or wait for a jury trial.

There is just so much wrong in this story. Add the fact this story probably would have had a different outcome if it was at my home, and my bet, any of your homes as well.

There would have been shots fired and someone would have been seriously hurt and/or dead.

I'll keep you posted.

Update #2 Feb 2021

Here is a link to a St. Louis Post Dispatch article just released today with a ruling by the appeals court:

https://www.stltoday.com/news/...2a-0a49acc831d1.html

Now a "cut & paste from the article:


BALLWIN — Police officers looking for someone who skipped out on cab fare should have left a Ballwin couple's home rather than search it with guns drawn, a federal appeals court determined this week.

The opinion by a three-judge panel of the 8th U.S. Court of Appeals on Tuesday called the actions of St. Louis County police officers a "severe, warrantless intrusion into a home."

Anthony Rothert, legal director of the ACLU in Missouri, said in a statement that, “Armed officers entering your home in the middle of the night in the absence of any emergency was a nightmare for this family and something that is not supposed to happen in this country."

Rothert said it was "terrifying" to learn that such searches are routine, adding, "We are relieved the home invasion by the officers did not result in injury or death in this case and hope that the county police will now agree to train their officers to know that such conduct is unacceptable.”

Rothert said the ruling meant that a lawsuit filed in 2017 will now go to trial for a jury to determine damages.

Jon Luer and Andrea Steinebach awoke about 3 a.m. on July 10, 2016, to find the armed officers in their hallway. Officers Michael Clinton and Benjamin Selz took Luer's stepson, who was also in the house, out to let the cab driver look at him, but left after deciding he was not the suspect, the opinion says.

Police had been searching the area for an intoxicated man who refused to pay his cab fare when they spotted an open side door to the Luer-Steinebach's garage. They went inside the garage after failing to rouse the couple by knocking on doors and windows and ringing the doorbell. They saw a partially opened door to the house and went inside, searching the home until they ran into a partially dressed Luer, the opinion says.

The appeals court said it was reasonable for officers to enter the garage, and they were entitled to "qualified immunity" for briefly entering the home after spotting "an open door into a home late at night, when no one had responded to their repeated knocking at the outside doors."

But the "frightening confrontation" with Luer and Steinebach should never have happened, the court said.

"The officers had no information the suspect was armed or otherwise dangerous. They got no response from inside the Luer-Steinebach home and saw no signs of criminal activity. The cab driver reported that a petty thief had run, not that a burglar was on the prowl in a residential neighborhood. Reasonable police officers acting as community caretakers should have left the home," the opinion says.

This message has been edited. Last edited by: h2oys,
 
Posts: 2737 | Location: St. Louis, MO | Registered: November 24, 2009Reply With QuoteReport This Post
Member
posted Hide Post
WOW !!!! Which PD is this ??? Thank you for keeping us updated. God Bless Smile




"Always legally conceal carry. At the right place and time, one person can make a positive difference."
 
Posts: 2491 | Location: Sector 001 | Registered: October 30, 2009Reply With QuoteReport This Post
Telecom Ronin
Picture of dewhorse
posted Hide Post
I remember this, scary situation..if he was like most of us and he exited holding a firearm I shudder to think how it would have turned out.

Once they started lying I would be looking for more than an apology, they need to be taught a lesson.

Also it reinforces the rule, if possible lock yourself in the bedroom and call 911.
 
Posts: 8071 | Location: Back in NE TX ....to stay | Registered: February 12, 2004Reply With QuoteReport This Post
Gone but Together Again.
Dad & Uncle
Picture of h2oys
posted Hide Post
quote:
Originally posted by VBVAGUY:
WOW !!!! Which PD is this ??? Thank you for keeping us updated. God Bless Smile


A very large police force that covers a population of almost 1 million residents.
 
Posts: 2737 | Location: St. Louis, MO | Registered: November 24, 2009Reply With QuoteReport This Post
Still finding my way
Picture of Ryanp225
posted Hide Post
If they'd lie then I'd be worried about them taking some sort of revenge after the settlement.
Your friend needs to take that crooked PD for every cent they will every have and move far away.
 
Posts: 9337 | Registered: January 04, 2009Reply With QuoteReport This Post
Gone but Together Again.
Dad & Uncle
Picture of h2oys
posted Hide Post
quote:
Originally posted by Ryanp225:
If they'd lie then I'd be worried about them taking some sort of revenge after the settlement.
Your friend needs to take that crooked PD for every cent they will every have and move far away.


Personally I don't think they are crooked. Based upon what my friend learned the two responding cops were young rookies (one has since left the force), were overzealous, did not follow proper protocol, and thus, someone could have been killed because of their actions. The lying afterwards was a cover up attempt.

Multiple failures on the part of the PD.
 
Posts: 2737 | Location: St. Louis, MO | Registered: November 24, 2009Reply With QuoteReport This Post
Wait, what?
Picture of gearhounds
posted Hide Post
If I screw up on the job (this is miles beyond a “screw up”), it behooves me to admit my mistake and hope for the best. To lie about it in an investigation removes my credibility forever.




“We have put together, I think, the most extensive and and inclusive voter fraud organization in the history of American politics.”- Joe Biden
 
Posts: 12584 | Location: Martinsburg WV | Registered: April 02, 2011Reply With QuoteReport This Post
Funny Man
Picture of TXJIM
posted Hide Post
He offered to settle for an apology and they declined. Gloves off, take them to the cleaners now.


______________________________
“I'd like to know why well-educated idiots keep apologizing for lazy and complaining people who think the world owes them a living.”
― John Wayne
 
Posts: 6867 | Location: Austin, TX | Registered: June 29, 2010Reply With QuoteReport This Post
Member
Picture of PowerSurge
posted Hide Post
quote:
Originally posted by TXJIM:
He offered to settle for an apology and they declined. Gloves off, take them to the cleaners now.


Agreed. Them refusing to settle on just the apology tells you the ones in charge have no character. They need to be taught a lesson.
 
Posts: 3480 | Location: Northeast Georgia | Registered: November 18, 2017Reply With QuoteReport This Post
No Compromise
posted Hide Post
h2oys,

The victim has a responsibility to take the severest legal action possible. If they don't, they only encourage such behavior.

It's the tiny fraction (<1%?) that ruin the reputations of the good men and women who serve. Make an example.

H&K-Guy
 
Posts: 3656 | Registered: April 08, 2002Reply With QuoteReport This Post
Big Stack
posted Hide Post
I'm interested to hear what the final number is, and how long it takes to get the judgement and collect. I have a feeling it won't be as much as people here probably want to be (I'm guessing lowish five figures.) And if it goes to trial, it will probably take years to collect, if ever.
 
Posts: 20189 | Registered: November 05, 2003Reply With QuoteReport This Post
A day late, and
a dollar short
Picture of Warhorse
posted Hide Post
I agree, make the police now pay so much, that it hurts them.


____________________________
NRA Life Member, Annual Member GOA, MGO Annual Member
 
Posts: 12847 | Location: Michigan | Registered: July 10, 2004Reply With QuoteReport This Post
Member
posted Hide Post
I remember the story from the 1st time you posted. Really screwed up and it is more shocking they wouldn't just apologize and say they were rookies who didn't follow procedure.




“People have to really suffer before they can risk doing what they love.” –Chuck Palahnuik

Be harder to kill: https://preparefit.ck.page
 
Posts: 4881 | Location: Oregon | Registered: October 02, 2005Reply With QuoteReport This Post
Telling cops where to go for over 25 years
Picture of 911Boss
posted Hide Post
Why are you not naming the Department? Sunshine is the best disinfectant and they should be held PUBLICLY accountable for this.

I am generally against the sue happy mentality, but case such as this it is justified. Also there is a point when the fuck up reaches a point where those involved need to be PERSONALLY held to account for financial award instead of simply pushing the cost of their mistakes on to the backs of the taxpayers.

I am not a lawyer, but it doesn’t require one to see the egregious 4th Amendment violation involved.

Lying and trying to cover up only magnifies the problem. They had an opportunity to do the right thing after doing the wrong thing and they doubled down. Gloves off, make a statement and make it hurt.






What part of "...Shall not be infringed" don't you understand???


 
Posts: 9744 | Location: Western WA state for just a few more years... | Registered: February 17, 2006Reply With QuoteReport This Post
Big Stack
posted Hide Post
It won't hurt them, it'll hurt the taxpayers of whatever town it is, or, more possibly their insurance carrier (I'm not sure if PDs carry liability insurance.) It will likely be several years between the date that the incident occurred, and whenever any money has to be shelled out. By then, anyone who had any direct responsibility, will have likely moved on, and will not face any direct consequences.

quote:
Originally posted by Warhorse:
I agree, make the police now pay so much, that it hurts them.
 
Posts: 20189 | Registered: November 05, 2003Reply With QuoteReport This Post
Irksome Whirling Dervish
Picture of Flashlightboy
posted Hide Post
quote:
Originally posted by Warhorse:
I agree, make the police now pay so much, that it hurts them.


How's that? It's hurts the PD? It's the taxpayers who for the bill for this.
 
Posts: 3458 | Location: "You can't just go to Walmart with a gift card and get a new brother." Janice Serrano | Registered: May 03, 2005Reply With QuoteReport This Post
Ammoholic
Picture of Skins2881
posted Hide Post
quote:
Originally posted by PowerSurge:
quote:
Originally posted by TXJIM:
He offered to settle for an apology and they declined. Gloves off, take them to the cleaners now.


Agreed. Them refusing to settle on just the apology tells you the ones in charge have no character. They need to be taught a lesson.


This for sure.



Jesse

Sic Semper Tyrannis
 
Posts: 17911 | Location: Loudoun County, Virginia | Registered: December 27, 2014Reply With QuoteReport This Post
Stupid
Allergy
Picture of dry-fly
posted Hide Post
Absolutely insane if even half of the facts are correct.


"Attack life, it's going to kill you anyway." Steve McQueen...
 
Posts: 6054 | Location: TEXAS | Registered: July 18, 2005Reply With QuoteReport This Post
Just because you can,
doesn't mean you should
posted Hide Post
[QUOTE]Originally posted by BBMW:
It won't hurt them, it'll hurt the taxpayers of whatever town it is, or, more possibly their insurance carrier (I'm not sure if PDs carry liability insurance.) It will likely be several years between the date that the incident occurred, and whenever any money has to be shelled out. By then, anyone who had any direct responsibility, will have likely moved on, and will not face any direct consequences.

This^^^.

The taxpayers will take the financial hit at some point but whoever has been lying and covering up needs to be criminally charged with perjury and anything else that is appropriate. including the county attorney if they were knowingly part of the misrepresentation and lying.

One different fact and someone would be dead.


___________________________
Avoid buying ChiCom/CCP products whenever possible.
 
Posts: 6733 | Location: NE GA | Registered: August 22, 2002Reply With QuoteReport This Post
Member
Picture of HayesGreener
posted Hide Post
As I have said before many times, every community gets precisely the quality of police service that they deserve. As a retired cop and CEO, I can tell you that law enforcement makes mistakes. The best thing you can do is admit the mistake and move on, but the legal advisors will push against that because then you are wide open to lawsuit. A department that size is likely self-insured. It is also likely very political at the top, depending upon the city's form of government. A few healthy payouts for stupid behavior will get taxpayers attention and bring pressure onto the department to clean up their act. If the taxpayers take it in the shorts and don't change things at the ballot box, they get what they deserve.


CMSGT USAF (Retired)
Chief of Police (Retired)
Florida Class K Licensed Instructor
NRA Certified LE Handgun/Shotgun/Rifle Instructor
SIG and Glock and Springfield 1911 Armorer
 
Posts: 3703 | Location: Florida Panhandle | Registered: September 27, 2009Reply With QuoteReport This Post
  Powered by Social Strata Page 1 2  
 

SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Update #2: Home Invasion ~ 4 Years Ago - by the Police - Appeals Court Decided Against Police

© SIGforum 2021