WPD lawsuit headed to Federal court

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Wednesday, April 28. 2010
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Attorneys for the City of Winder have requested that the case of Dana Billings vs. the Winder Police Department and the City of Winder be moved to Federal court.

In the notice of removal filed April 14, city attorney Richard Carothers wrote that the United States District Court for the Northern District of Georgia had jurisdiction over the case due to the federal questions raised in Billings’ lawsuit.

The lawsuit, brought on behalf Billings’ minor child and her mother, accuses Winder Police officers of committing the acts of false arrest, false imprisonment, illegal search and invasion of privacy during an April 16, 2009 search for the fugitive Quincy Smith.

Police searched an East Wright Street apartment and Smith’s Pinerock Road home before going to Billings’ Pinerock Road residence. Billings’ 15-year-old son was home alone when police arrived. According to Billings, her son was forcibly removed from the home and questioned at length while officers searched the house without consent.

The lawsuit alleges a Fourth Amendment rights violation due to the fact that officers had no warrant, no consent and no probable cause to search the residence.

A spokesperson for the court said no hearings have yet been set, but discovery is scheduled to end on September 13, 2010.

The presiding judge for the case is William C. O'Kelley
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#1 Emmett Delaney on 05/04/10 at 04:18 PM [Reply]
Ut-Oh!

Very simple in this case. Was there an arrest warrant? PERIOD!

Did the warrant have the address where officers entered the home printed on it?

If not, Ut-Oh!

All other details are inconsequential! PERIOD!

Bringing the 15 year old boy out of the home was a mistake. Entering the home to search for an individual not a resident without a warrant was a mistake. That's just the way it is!
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