Pubdate: Sat, 27 Jun 1998 Source: San Luis Obispo Telegram-Tribune (CA) Section: Front Page Contact: Website: http://www.sanluisobispo.com Author: Matt Lazier, Telegram-Tribune ATASCADERO WOMAN SUES OVER WRONG HOME SEARCH ATASCADERO -- An Atascadero woman has sued the county's Narcotics Task Force, claiming the agency deliberately raided the wrong home while serving a search warrant last July. In a suit filed Thursday, Carole Ann Martin claims the task force searched the wrong San Gabriel Road home and placed her under false arrest on drug charges without probable cause. The suit names the task force, San Luis Obispo County, Sheriff's Detective Nick Fontecchio and Deputy David Marquez as defendants. "The lawsuit is pretty clear," said David Fisher, attorney for Carole Martin. "Normally, with good lawyering, we try to make them more general, without such specific facts, but this is so outrageous that we wanted people to know what this was about." Martin seeks restitution of legal fees and as-yet undetermined damages for mental anguish and harm to her reputation within the community. According to her account of the July 8, 1997 incident, Martin was in bed asleep with her infant daughter at about 6:30 a.m. when officers burst through her door and windows, awakening her and the baby. Some officers, clad in what Martin called combat gear and toting automatic weapons, allegedly held her and the child at gunpoint on the bed while others searched her home, the lawsuit says. Marquez and Fontecchio could not be reached for comment Friday. The suit further states that Martin's property was damaged and broken in the incident and that, throughout the ordeal, she was naked and was not allowed to dress. Martin said the ordeal caused mental suffering and fear. She has asked for monetary damages, the amounts of which would be left to the discretion of the court. Martin, an 11-year Atascadero resident, lives at 1901 San Gabriel. However, the search warrant served last July was for a nearby residence at 1905 San Gabriel. Martin contends no probable cause existed for the police to search her home and arrest her. Officers found some methamphetamine during the search and Martin was arrested for possession of a controlled substance, but the charges were later dropped by the county court when the search was deemed unlawful. Martin is also seeking compensation for legal fees incurred when she had to fight the 1997 drug charge. The suit says the officers knew they were searching the wrong house and, in fact, served the search warrant at the correct residence before moving on to Martin's house. Although the houses are located within close proximity, Martin said officers had been there previously and should have known which residence was the one listed on the search warrant. Martin further charges Marquez, Fontecchio and the county Sheriff's Department did not effectively supervise the other officers who took part in the search. Marquez and Fontecchio could not be reached for comment Friday. Wyatt Cash, chief deputy counsel for San Luis Obispo County, said county lawyers had not looked at the suit Friday and could not comment. Fisher said no trial date has been set for the case. - --- Checked-by: Melodi Cornett