Pubdate: Wed, 24 Jan 2001
Source: Alameda Times-Star (CA)
Copyright: 2001 MediaNews Group, Inc. and ANG Newspapers
Contact:  P.O. Box 28884 ,Oakland, CA 94612
Fax: (510) 208-6477
Website: http://www.timesstar.com/

CITY LIKELY TO PAY $40,000 IN ERRONEOUS RAID AT HOME

OAKLAND -- The City Council next week is expected to approve a $40,000 
settlement to a woman who alleges her East 23rd Street home was raided in 
error by police.

A council report prepared by City Attorney John Russo says if the matter 
went to trial, it would likely be proved an Oakland police SWAT team 
violated Roscelyn Garner's Fourth Amendment right against unreasonable 
search and seizure when officers raided the wrong apartment in August 1999.

Garner said she was nude and stepping into the shower when she heard 
banging and shouting at her front door, according to the report. Peering 
through a window, she saw armed Oakland police officers she believed were 
preparing to force their way into her home.

Garner said she refused to open the door at police's orders because she was 
unclothed. Officers reportedly continued to shout at her through the door 
and she ran around the room in a panic, nude and visible to the police. The 
episode terrified her three young children, Garner said.

At least two officers entered the home, according to the report, and then 
left when they realized they had the wrong apartment.

Information the team used for a search warrant apparently came from an 
informant, who inaccurately described the location of the property to be 
searched. Nevertheless, the warrant allowed for a search of apartment D at 
the building; Garner lived in unit C.

The council in closed session gave preliminary approval to the settlement 
on Dec. 12. Council members are expected to give final approval to the deal 
at the council's regular meeting Tuesday.
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