search warrant for the wrong residence

sheriffs served a search warrant on my apartment. Shot my moms dog in front of her as she went to his aid an officer shoved her head into the ground cufffed her and told her to shut the Bleep up and don't move shes screaming I come out of my room they tell me to get on the ground, and as I am being cuffed they ask me where some guy is he is, and I told him he had the wrong house he lives 2 doors down. they take us outside 4 people and let my mom beg, cry, scream, to let her hold her dog. He layed there for 20 minutes suffering. and made us all watch as the pool of blood on the sidewalk got bigger as they stepped in and out of our home. It wasn't the right house they were even supposed to be at. The left us out side my boyfriend in nothing but boxers, us just distraught cause they had just killed our baby, my moms life partner, her best friend all for nothing. It was the wrong house. And I know they screwed up and would like some advice please.

I am sorry this happened to you.

I would go immediately to an attorney who is experienced in Section 1983, which deals with the civil liability of police officers acting under color of the law.

When you seek an attorney ask him specifically has he ever dealt with Section 1983. If you live in a small town, you may need to go OUT of town to hire a high powered attorney that is willing to take on small town government.

I would contact the media, the ACLU and every news outlet you can. Get this in the media and get this into the hands of a capable attorney.

The Supreme Court test under Section 1983 is did the police officers act in a reasonable manner? The answer, from what you have stated, is no.

You are in for a long battle---these types of lawsuits can take years but are the right thing to do to protect yourself and to keep these types of renegade police officers in check.

Also, you may be able to find a lawyer who will take your case on contingency. Act immediately---time is of the essence. How long ago did this happen?

I appreciate the quick reply and I am on it. I live in mentone ca and we are policed by san bernardino county sheriffs out of yucaipa. The officer in charge of this case screwed up and one his own men had even told me that if it had been his case none of this would of happened. They should've checked with the apartment manager to see where this man lived, correct? Someone even said they investigated, but they pulled my boyfriend and I aside and asked us is there any reason to believe that someone could've mistaken his residence as yours? Now seems to me they didn't investigate. Thank you for your time its appreciated

What you are describing is very elementary. They should have had an explicit description of the house ( apartment) the vehicles outside, the people INSIDE ( who else lived there, are there children present who may be at risk, etc.) AND any time an officer discharges a weapon (even if it is to kill a dog they think its dangerous) he is still discharging his weapon in a residential area. Lets say the DOG was dangerous and he was in the RIGHT house getting the RIGHT suspect---discharging a weapon in an apartment complex like that with the risk to other people and children is not acceptable. There has to be a clear and present danger to use deadly force---even against an animal--he must be a credible threat. And in this case, even if the dog WAS a credible threat, he would NOT have been if they had been in the RIGHT house.

This situation isn't CLOSE to being reasonable. Now, had the guy LIVED there prior to your moving in, or had the guy they were looking or EVER lived with you, stayed overnight, they could argue it was reasonable to enter.

But if what you are saying is all true, there is no reasonable explanation for this shamefully careless mistake.

You are sitting on a gold mine. Consult with the best attorney you can find--and ask specifically about Section 1983. Not every lawyer has experience in this area. And not every lawyer wants to take on the "big dogs' so to speak.

Contact the ACLU and absolutely, the media. A public outcry against the police, and law enforcement would be helpful in bring about a much needed change.

I am interested...let me know what happens.

Thank you so much for confirming everything I have been knowing to be true.

There is so much to this case that hasn't been said. And I will pursue this, not only for my distraught mom, but because the children that play in my complex could have been hurt instead of the dog. And the part that kills me is, The police officer that shot the dog says the dog bit him, later I overheard him telling another officer that he was fine he didn't even get grazed.

Not to be rude, but CAN I SEE AT LEAST A PUNCTURE WOUND! A BRUISE! ANYTHING to justify his bullet into my moms dog.

I will keep you posted

Even if the dog BIT him, the point is HE shouldn't have BEEN there.

Therefore, his actions were NOT reasonable.

Something similiar happened to me once, with regard to the dog.

I have two german shepherd highly trained dogs and a rottwieler. Where I lived at the time did not have a fence. And people would trespass on my property, etc. So, when I left the house, I would actually put the dog on a chain attached to the front porch. So, no one could come up on the front porch. I did, however, have a side door that was easily available and a back door that was also visible from the driveway, so if someone actually needed to come TO the door, there were two OTHER options.

I had called the police about a trespasser on my property. They asked me when I made the report did I want to speak with an officer. I said clearly No, I didn't need to speak with anyone, and besides, I was leaving home shortly and the dog would be out and it would be impossible for someone to come to the front door. I also had no less than a half dozen warning signs on the property.

Well, I left the house, was at dinner with a friend and my cell rings. A cop is on the phone screaming he was going to shoot my dog. HUH? It would appear as though an overzealous police officer came TO my home anyway to ask me to IDENTIFY the trespasser ( I had already given the mans NAME --he was well known in the area). This cop got OUT of his police car, and VOLUNTARILY approached the FRONT ( not side or back ) door. Insisting he was in harms way he threatened to shoot the dog. I thought to myself, ALL you had to do to get OUT of harms way was WALK BACK to your car and get IN it and SHUT the door.

He did not harm the dog but I made quite a bit of noise about the incident, his drawing a weapon in a residential area to SHOOT a dog that was RESTRAINED, a dog he could clearly have walked away from. He was not there pursuant to a call or a crime--all he had to do was turn and walk away--problem solved. This was the same police officer who had, at a different time taken it upon himself to put his hands on me in an inappropriate manner when he was in a parking lot and I stopped to report something I had just seen happen. His response was to small talk for a few minutes, tell me I was 'fine' and put his hands on part of me he never should have. Although I left immediately, he ran my tag and started calling my cell phone.

Needless to say, he is no longer a police officer. And it came to light he had done this to other women. His desire to shoot the dog that night was merely getting back at me for reporting his s3xual harassment.

Don't misunderstand me--I have the highest regard for police men and women who lay down their lives daily. It is a shame that such a few of them bring such harm to the good reputation of the rest.

Call a lawyer this week. I look forward to hearing from you. I would also write state officials--anyone and everyone you can make aware of this.. do so. The media? Your new best friend.

Take care....

Sounds like a story from the Bloomington, IL, annals of the last two years where a police officer not only got too friendly with women in the community who were driving, he pulled them over and gave them tickets just to find out where they lived... not because they were speeding. Then he went to their home and raped them. He is in JAIL now. But there were FIVE victims who came forward.