Police erred in barging into San Carlos house

[Liberal_in_LA]

Police erred in barging into San Carlos house
Bob Egelko, Chronicle Staff Writer

San Francisco Chronicle September 17, 2010
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(09-17) 16:16 PDT SAN CARLOS -- San Carlos police acted illegally when they charged into a man's house without a warrant after being told he had been in a minor traffic accident and may have been drinking, a federal judge ruled today.

U.S. District Judge Jeffrey White rejected officers' claim that they entered Bruce Hopkins' home in August 2003 because they feared he was in a diabetic coma and needed help. White cited a federal appeals court ruling last year that found police had no reason to believe Hopkins was unconscious and had done nothing to check on his medical condition before entering.

"They cooked up this story of a diabetic emergency and broke in with guns drawn," said Hopkins' lawyer, Anthony Boskovich.

The ruling allows him to ask a jury to award damages to Hopkins, who Boskovich said was severely traumatized by the incident, lost his job and has been unable to work since.

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The traffic accident occurred when Hopkins was on his way home. Both drivers got out, looked at their cars, found no damage and left.

But the other driver followed Hopkins home, accused him of being drunk and telephoned police, saying she smelled alcohol on his breath, according to court records.

Two officers arrived, spoke with the woman, then knocked on the door and announced their presence. When they got no response, one cut a hole in the screen door and both entered with guns drawn. They found Hopkins in his bedroom, handcuffed him and brought him outside, where the woman made a citizen's arrest.


Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/09/17/BA151FFO9D.DTL#ixzz0zpz6hhYZ