Illegal search lawsuit against SDPD moves forward

A federal lawsuit that claims a group of San Diego police officers illegally searched a family’s apartment during a birthday party for a 7-year-old girl may be headed to trial now that a decision by an appeals court has cleared one of the obstacles.

The 9th U.S. Circuit Court of Appeals on Tuesday upheld a lower court’s decision that ruled against the officers. They had asked for the case to be dismissed on the basis of “qualified immunity,” meaning the law was unclear and therefore they should not be held liable.

According to court documents, on Oct. 2, 2010, police were called to an apartment complex on 47th Street in San Diego after receiving reports that two armed black men had been seen in the parking lot. When police arrived, they found a large gathering hosted by a Samoan family to celebrate a child’s birthday.

At some point more than 20 officers arrived at the complex, some of them carrying AR-15 rifles.

The officers detained members of the family and handcuffed them and searched them for weapons. When they did not find any, the officers searched the family’s apartment without a warrant or consent, according to the documents. Nothing incriminating was found inside the home, and no charges were filed.

The family filed a lawsuit in 2011 in U.S. District Court against the officers involved, and the city, alleging unlawful arrest and detention, illegal search and excessive force. City lawyers have argued the officers acted in good faith and “with a reasonable belief that their conduct was lawful and necessary.”

“We think it’s very clear that the Constitutional rights of this family were violated on several different levels,” said Michael Marrinan, the attorney representing the family.

He said the city could appeal the court’s opinion, but if it does not, attorneys would then return to court to set a trial date.