Pubdate: Sun, 23 Jul 2000 Source: Orange County Register (CA) Copyright: 2000 The Orange County Register Contact: (714) 565-3657 Address: P.O. Box 11626, Santa Ana, CA 92711 Website: http://www.ocregister.com/ Related: http://www.mapinc.org/drugnews/v00/n1017/a01.html WHEN POLICE CROSS THE LINE Law enforcement officials are ridiculing a Superior Court jury's $1 million verdict against Garden Grove police and California Highway Patrol and Department of Corrections officials for a raid of an auto body shop that they conducted in 1997. The shop's owner, Merrit Sharp, who was put in handcuffs and forced to the ground during the raid, argued that it left him with emotional and physical injuries. "I've never heard that we need to make people comfortable when they are detained," said the attorney for the state parole officer involved in the incident. The Garden Grove police have shown no remorse for the incident. Police defenders also are mocking the size of the award, arguing that some time in handcuffs is a small price to pay for a big-dollar bonanza. They chalk up the verdict to yet another case of lawsuit mania. But is it really? Here's another way of looking at the case. You are a law-abiding citizen who owns a legitimate business, but with a son who has drug-related troubles. The police get a tip that he might be running a methamphetamine operation out of your business. They then conduct a raid without a warrant, entering the business with guns drawn under what cops call a "dynamic entry." During the raid, in which no meth lab is found, the officers handcuff you for as long as 45 minutes, force you to the concrete floor at gunpoint. While you are on the ground, you say that officers high-five each other, hurl insults at you and ransack your property. Would that change the perspective? The key here is that the raid was undertaken without a warrant because Mr. Sharp's son was a parolee - and parolees are subject to searches without a warrant. But while parolees don't have the same rights as other citizens, a parolee's father and innocent bystanders certainly do. Mr. Sharp's attorney, Jerry L. Steering of Newport Beach, argued that the law enforcement officials involved "all got together and schemed it up." The jury, he said, agreed that the officers knew that they weren't allowed to raid Mr. Sharp's shop without a warrant but did so anyway. They "conspired to violate my client's constitutional rights." "These were not liberal people [on the jury]," Mr. Steering told us. "These were conservative people. They were insulted and hurt that the cops would get on the stand and lie." We don't know about the seriousness of Mr. Sharp's injuries, but we do understand the injuries inflicted on individual rights and liberties if officers take the law into their own hands, conduct illegal searches and raids and treat detainees with unnecessary force and abuse. Garden Grove Police Captain Dave Abrecht denies that the officers were abusive. Yet the jury unanimously found that the officers involved in the raid violated the plaintiff's constitutional rights, unlawfully detained him, unlawfully searched his shop and used unnecessary force and they conspired to violate his civil rights. In addition, the jury issued a separate $10,000 punitive damage verdict against the involved parole officer for acting with malicious or reckless disregard of Mr. Sharp's rights. If some of the alleged abuses did occur, Captain Abrecht said, "they were unprofessional, but is it worth a million bucks?" That's not the point. In a constitutional democracy law enforcement officers cannot act with impunity. They must protect rights, follow rules. It's too bad that Garden Grove and California taxpayers might get stuck with the bill for its officers' negligence. But if the criminal justice system doesn't take action when civil liberties are violated, that leaves the civil justice system to do what it can to secure restitution. Is a million bucks too high a price for such a mistake? Or is it a small price to pay to warn law enforcement against constitutional abuses? - --- MAP posted-by: Doc-Hawk