Grandmother Awarded Nearly $4 Million Over SWAT Raid Predicated On A Faulty ‘Find My Phone’ Ping
from the coarse-location-followed-by-coarse-shouting dept
In January 2022, 77-year-old Ruby Johnson’s house was raided by the Denver Police Department. Supposedly seeking a stolen vehicle and several guns, the SWAT team descended on Johnson’s house. The officers ordered anyone inside to come out of the house. Johnson complied, but that didn’t stop the SWAT team from attempting to destroy her house to find the contraband it was sure was located inside the home (which I guess includes the “stolen truck”). The SWAT team, with the home’s only resident in its temporary custody, proceeded to destroy her garage door with a battering ram, smash some ceiling panels (?), destroy some of her belongings, and otherwise leave her house in disarray.
The warrant was predicated on little more than a ping produced by Apple’s “Find My iPhone” feature. That ping (initiated by the victim of the truck and phone theft) managed to narrow down the location of the stolen phone to at least six homes in the neighborhood. This location data isn’t always precise. The precision depends on the settings applied by the device owner and, unless the phone is set to always share its location, the location provided by this feature is an approximation that can be off by dozens or hundreds of feet.
The Denver PD used the screenshot of the victim’s “Find My iPhone” search results to support its search warrant. This was pretty much the only so-called probable cause offered by the Denver PD before it raided this home.
Using little more than this information (a ping that originated more than nine hours before the PD initiated its investigation), the PD raided Johnson’s house. (The cherry on top of this cavalcade of errors was Officer Gary Staub’s warrant affidavit, which offered sworn statements that the find my phone pings had actually been initiated in 2021, more than year before this investigation was instigated.)
Date errors aside (this was the first month of 2022 after all), the affidavit made speculative claims about the accuracy of this iPhone feature and, without offering any supporting evidence, swore the only place this stolen phone could currently be located was Ruby Johnson’s residence.
All of this was not only stupid, but unconstitutional. There was no probable cause to support this search. On top of that, Detective Gary Staab had misled the court by portraying the find-my-phone pings as providing precise location data when, in fact, the feature was only capable of providing approximate location data — something the detective would have known if he’d bothered to dig a little deeper into the feature (or had used any of the “training and expertise” cited in his warrant request).
Normally, this lawsuit would have had to surmount the massive barrier erected by years of qualified immunity jurisprudence. But, thanks to a law passed in 2020, Colorado residents can sue police officers in local courts for constitutional violations, making it a bit more difficult for law enforcement officers to prematurely exit lawsuits containing credible allegations of rights violations.
The end result, as the ACLU (which represented Johnson in this case) reports, is a much-deserved payout to Johnson. It’s not even a hastily crafted settlement pushed out in hopes of stopping the bleeding before it gets worse. A jury awarded this to Johnson, agreeing with her and her reps that this raid (and the events leading up to it) was a severe violation of her rights.
In a precedent-setting decision under a new statute allowing enforcement of the Colorado Constitution, a Colorado jury awarded $3.76 million in damages to Ruby Johnson, a 78-year-old Montbello grandmother, on Friday after concluding that Denver Police Department (DPD) Detective Gary Staab and DPD Sergeant Gregory Buschy violated the Colorado Constitution by hastily seeking, obtaining, and executing a search warrant of her home without probable cause or proper investigation. The jury’s award included both $1.26 million in compensatory damages and $2.5 million in punitive damages after concluding that the officers acted with willful and wanton disregard of Ms. Johnson’s constitutional right to be free from an unreasonable search and seizure.
Not that we should expect this payout to make the Denver PD any less likely to violate rights in the future. The state law that allows these lawsuits may deter some abuse and misconduct, but the officers sued in this case have already been cleared of any wrongdoing by their employer.
[A] spokesperson for the department said in an email on Tuesday, an internal affairs review of the incident resulted in no formal discipline for the officers. Staab and Buschy remain employed with the department, the spokesperson said.
The good news is Johnson is being compensated for the pain, suffering, and physical damage to her house. The better news is Colorado residents don’t have to tangle with cop-friendly federal courts to hold officers accountable. But the “this isn’t even news” part of this is the fact that police departments continue to protect misbehaving officers. And, for the most part, the tab rung up by the Denver PD will be paid by taxpayers who had nothing at all to do with this regrettable, completely avoidable string of rights abuses.
Filed Under: denver police, find my phone, gary staub, police raid, ruby johnson, swat team
Comments on “Grandmother Awarded Nearly $4 Million Over SWAT Raid Predicated On A Faulty ‘Find My Phone’ Ping”
Denver Police are enemies of the people.
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Notoriously so, at a level you wouldn’t expect from what’s commonly understood to be a liberal region.
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Inb4 our resident fash pop in here pretending the goon squad didn’t happen in the deep south.
who pays ?
… so who must pay this $3.76 M liability penalty — the individual cops, the Denver PD, or Denver resident taxpayers ??
Re: re: who pays?
As usual, this will come out of the city’s general funds, which gives the PD license to keep being a-holes; no skin in the game for them.
Have these judgments come out of the police pension fund and see how fast the “thin blue line” gets shredded and the bad apples get thrown out of the barrel as quickly as possible.
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American police started as slave catchers, and they still only exist to protect the property rights of the wealthy.
This is the police working as expected by those in power.
Re: Re: 'One million out of the city's pocket? Meh. Ten thousand out of YOURS? Big problem!'
Hell, apply the fines directly to the officers involved in events like this and you could knock them down to a fraction of the size and yet still have them be vastly more effective as a punishment and a deterrent.
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If the funds have to be paid by the city then the city should be holding the police to account, demanding resignations and retraining as necessary to prevent a repeat, at the threat of budget cuts. I mean, we can hope right…?
Do you want ACAB? Ths is how you get ACAB
[A] spokesperson for the department said in an email on Tuesday, an internal affairs review of the incident resulted in no formal discipline for the officers. Staab and Buschy remain employed with the department, the spokesperson said.
Making crystal clear that to the department in question ‘lied to a judge about the accuracy of the evidence used when using it to get a warrant, raided the wrong house and trashed the place just because they could’ is not against department policy or behavioral/professional guidelines.
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Joke’s on you. I already have ACAB at home.
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Whereas I live at 1312 ACAB Street.
Now with $4M, the Grandma could buy a truck (instead of stealing it) and fill it with guns.
Denver PD wouldn’t dare to ram twice the same house.
Gee it’s not like there has been media coverage about these location things being crap…
Oh wait.
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Every officer who participated in this raid should be publicly executed by slow torture, and their families – including the children – should be forced to watch and listen. The punishment for police officers who commit crimes must be 1000X that for civilians.
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Anti-police hate speech.
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Low-quality.
And the shame of it is that she could not have them prosecuted for felony vandalism for that alone. I mean, Jesus, guys. There’s keys around somewhere.
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When you have a battering ram, every problem looks like a castle gate.
Found the legislation in question: “The bill allows a person who has a right, privilege, or immunity secured by the Colorado constitution that is infringed upon to bring a civil action for the violation. The attorney general can also bring an action under the same circumstances. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity and a defendant’s good faith but erroneous belief in the lawfulness of his or her conduct are not defenses to the civil action. The civil action has a two-year statute of limitations. The bill requires a public entity to indemnify its public employees in a claim unless the employee is convicted of a crime related to the claim.”
Apart from the non-binary denying phrase “his or her”, this law reads like it was written by Ron Wyden.
Re: One state down, now we just need that law for all the others
Oh to have been a fly on the wall of the state police departments/unions when they found out that the legal abomination of qualified immunity and ‘good faith belief’ were no longer enough to shield them from being sued, the screams of outrage must have been glorious.
And what could be done?
Wow,
So the officers, Couldnt get the person to bring their Computer in and ASK them to do the Ping location again?? Then print that out?
They took the word of the person, that made a Print OUTSIDE of the police office?
They didnt ASK the computer person in the office What they could do??
They dont have Access to a program to Trace Phones at the station?? Isnt there a hack for that?
What is it?
With US courts and beyond reasonable payouts.
Yes the woman should be compensated in a rational world for her damage, and a small amount for disruption of life.
M but this award is not more righteous than the nonsense copyright rates!