A 78-year-old American woman residing in Colorado received $3.76 million after a police team incorrectly searched her home, relying on information provided by an iPhone application, according to what the newspaper reported.The Times” British.
The chapters of the case began in January of 2022, when retired postal worker, Ruby Johnson, had just finished her shower at her home in Denver, before she heard a call over the loudspeaker, asking her to leave her home with her hands raised.
Johnson actually rushed out of her house, wearing a bathrobe, when she was surprised to find an armored personnel carrier parked in her front garden, while many police cars were lined up in the street, with officers standing behind them, brandishing their weapons.
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According to investigations, the police had obtained a search warrant for the home of this woman of African descent, after the owner of a stolen truck informed them that his iPhone was in that location.
That phone was among several other things found in the stolen truck, which included an automatic rifle, 4 semi-automatic rifles, a pistol, two drones, and an amount of money estimated at $4,000.
The truck owner used the “Find My Phone” application to determine the location of his phone, and thus know the location of his stolen vehicle.
According to the American Civil Liberties Union of Colorado, which helped Johnson prosecute two police officers, her home was turned upside down and no evidence of criminal activity was found.
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The American Civil Liberties Union said that Johnson had suffered “physical and emotional harm” as a result of what happened to her.
The lawsuit was filed against both Detective Gary Stapp, alleging he wrongly obtained the search warrant, and his supervisor, Sergeant Gregory Bushey, who approved the issuance of the warrant.
Stapp had denied knowing that the Find My Phone application did not accurately determine the location of a lost or stolen phone.
The jury found that the defendants “violated the Colorado Constitution” by obtaining a search warrant without a proper investigation occurring.
The Denver Police Department has not been sued in its legal capacity, so the latter declined to comment on the ruling.
The lawsuit was filed under a clause in a comprehensive police reform bill that was passed in the state of Colorado in 2020, after the death of the African American, George Floyd, by suffocation at the hands of police officers during an attempt to arrest him.
This law gave the right to sue police officers as individuals, as they violated the state constitution in local, not federal, courts.
Previously, people who allege police mistreatment could file lawsuits only in federal court, where officers enjoyed greater protection.
For his part, the legal director of the American Civil Liberties Union of Colorado, Tim McDonald, confirmed that the jury’s decision sets a “precedent.”
He continued: “This is a small step towards justice for Ms. Johnson, but it is a critical issue under our state constitution, as it confirms for the first time that police can be held accountable for breaking into a person’s home for no apparent reason.”
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